Probate Minutes - Volume A-1


Page 558

 

Report of Sale GOSSEM Estate

 

To the Hon. S. Bowlby Chief Justice of Collin County. In accordance in the order of the Probate Court of said County of Collin. I did on the 1st Tuesday of October 1868 in compliance withs aid order and the law in such cases made and provided offer for sale on a credit of 12 months before the Court house door in the County of Collin in the town of McKinney the storehouse and lot in said order named to the highest bidder when and where W. M. Weave, Salathrel Coffey, W. B. Blalack, Joseph Foreman and S. W. Oglesby in the sum of one thousand dollars which was the highest and best bid therefore and the said storehouse and lot situated in the town of Plano in said Collin County Texas was knocked off to them said order of the probate Court by virtue of which said sale was made entered at the May Term of the County Court for probate business A. D. 1868.

C. T. Mann, Admr. of the Estate of H. GOSSEM, Decd.

 

Sworn to and subscribed before me this 26th day of Oct. 1868.

 

Examined and approved this Oct. Term 1868.

S. Bowlby, J. C. C.

 

Estate of MARTHA MARSHALL, deceased

Sale Bill

 

The State of Texas

Collin County To the Hon. Chief Justice of said County. John L. Lovelady Executor of the last will of MARTHA MARSHALL decd. shows that at the late residence of JOHN MARSHALL decd. in said County on the 12th instant by virtue of an order your Honors Court passed at the last term thereof he after due and legal notice given sold as per a credit of six months to the highest bidder at public auction certain property belonging to the estate of said decedent a full and correct account is respectfully submitted to the consideration of the Court as follows.

 

One speckled cow to T. W. Wylie for

$10.50

One red cow to T. W. Wylie for

7.00

One mule to T. W. Wylie for

85.00

Two bee stand to J. W. Franklin

2.25

One stack oats to Moses Wright

10.25

1 pr. lines

1.00

 

$116.00

 

State of Texas

Collin County Before me G. W. Patterson Clerk of the County Court for said County came John L. Lovelady executor of the last will of Martha Marshall decd. who being sworn deposes and says that the foregoing report is a true and correct account of the sale made by him of certain property belonging to said estate at the time and place aforesaid by virtue of the order aforesaid.

J. L. Lovelady

 

Sworn to and subscribed before me this 14th day of November 1868.

G. W. Patterson, Clerk.

 

Page 559

 

Estate of the Minor Heirs of JAMES E. BRYANT, decd.

 

Report of sale of property belonging to the estate of the Minor heirs of JAMES E. BRYANT decd.

To the County Court pertaining to estates. The undersigned Guardians of the estate of the minor heirs of J. E. BRYANT dec. would beg leave to report that they (?) sold the following described property to the highest bidder on the 26t day of September A. D. 1868.

 

H. Burnett

To One horse

$27.00

27.00

H. Burnett

Waggon (wagon)

51.00

51.00

Jim Harris

To two cows & calves

5.00

10.00

Jim Harris

To two steers

8.37½

16.75

Mo Robinson

Two stags

7.00

14.00

D. Wilcoxson

Ten goats

1.00

10.00

 

 

 

$128.75

 

 

State of Texas

County of Collin Personally appeared before me the undersigned D. M. Waddell & T. E. Waddell Guardian of the minor heirs of J. E. BRYANT dec. and on oath states that the above is a true account of sale of property made by them as per date above November 21st 1868.

James D. Naylor, J. P.

 

Estate of VIRGINIA C. McGREGER. Non Compes Mentis

 

The State of Texas

Collin County To the Honorable Chief Justice of Collin County. We the commissioners appointed to appraise the estate of VIRGINIA C. McGREGER beg leave to report our action as follows. We appraised one tract of land of one hundred and fifty acres at five hundred dollars currency it being all the property belonging to her so far as we know.

John Hendrex (Hendrick?)

Jacob Moore

Elijah W. Glass

 

Sworn to and subscribed before me this 1st day of December A. D. 1868.

 

Justice Fees seventy five cts. Paid P. T. Hinton

 

Commissioners John Hendrex, Jacob Moore & E. W. Glass fees six dollars paid by S. McGreger this 1st day of December 1868. Test. P. T. Hinton.

 

The State of Texas

Collin County Before me G. W. Patterson Clerk of Collin County personally appeared S. McGREGER Guardian [of] the property & estate of VIRGINIA C…

 

Page 560

 

…McGREGER non compes mentis and says under oath that the foregoing is a true return of all the property and effects of his said ward.

S. McGregor

 

Sworn to and subscribed before me this 28th day of December 1868.

G. W. Patterson, Clerk.

 

 

Estate of W. M. SATTERWHITE, Deceased SALE BILL

 

The State of Texas County Court of said County sitting for Probate purposes.

Collin County Decr. Term, 1868.

 

To the County Judge of said County presiding. W. H. Andrews, Administrator of the estate of W. M. SATTERWHITE late of said County deceased respectfully shows that at the Court House door in said County on the first day of December instant by virtue of an order of said Court passed at the term thereof held in August last, he the said Andrews after due legal notice given sold upon a credit of twelve months to the highest bidder at public auction, certain property belonging to the estate of said decedent a full and correct account whereof is respectfully submitted to the consideration of the Court, as follows, to wit: One undivided half of Lot No. 996 in Block No. 14 in the town of McKinney to G. W. Patterson for $75.00. One hundred feet square lot of said deeded to said SATTERWHITE decd. by B. F. Boyd on the first day of April A. D. 1861 said lot is located a few rods from the North line of the donation to the town of McKinney to S. F. Brown for $50.00 $125.00

 

The State of Texas Before me, G. W. Patterson, County clerk of said County came W. H.

Collin County Andrews, Administrator of the estate of W. M. SCATTERWHITE decd. who being duly sworn deposed and says that the foregoing report is a true and correct account of the sale made by him of certain property belonging [to] the said estate, at the time and place aforesaid by virtue of the order aforesaid.

W. H. Andrews

 

Sworn to and subscribed before me this 30th day of December 1868.

G. W. Patteson, Clerk.

 

Page 561

 

Inventory and Appraisement of LUKE & NANCY GEORGE, Deceased

 

The State of Texas To the County Court of said County: The Inventory and appraisement

Collin County of the estate of LUKE and NANCY GEORGE (husband and wife) deceased, late of said County. The Community property of the said husband and wife, LUKE and NANCY GEORGE, is as follows, to wit:

 

Homestead consisting of 212 acres of land

Valued at 2120.00

1 loom and gearing

Valued at 15.00

1 large mare (sorrel)

Valued at 50.00

1 spinning wheel

Valued at 5.00

1 3 year old gray

mare

Valued at 60.00

1 churn

Valued at 1.50

1 4 year old sorrel

mare

Valued at 60.00

6 barrels

Valued at 6.00

1 2 year old yellow

horse

Valued at 30.00

1 tin bucket

Valued at .50

1 1 year old yellow

horse

Valued at 20.00

1 lard stand

Valued at .50

1 3 year old poney

(pony) horse (bay)

Valued at 15.00

2 augers & 1 hand

saw

Valued at 1.50

1 8 year old yellow

horse

Valued at 75.00

2 stone jars

Valued at 2.50

1 7 year old bay

horse

Valued at 60.00

1 spice mortar &

pestle

Valued at 1.00

1 yoke of oxen

Valued at 45.00

Candle Moulds

(molds)

Valued at 1.00

15 head of stock

cattle

Valued at 105.00

4 meal sacks

Valued at 1.00

5 turning plows

Valued at 30.00

1 churn

Valued at .25

2 shovel plows

Valued at 6.00

3 buckets (?)

Valued at .50

3 hoes

Valued at 2.00

1 cedar buckets

Valued at 1.00

5 irons bands (large)

Valued at 2.00

4 chairs

Valued at 4.00

4 set plow gears

Valued at 8.00

1 table

Valued at 5.00

1 set of breeching

Valued at 2.00

1 shot gun

Valued at 8.00

1 grind stone

Valued at .75

1 clock

Valued at 10.00

1 wagon

Valued at 75.00

2 bee stands

Valued at 18.00

3 bee hives

Valued at 5.00

2 feather beds and

bedding

Valued at 50.00

10 fat hogs

Valued at 70.00

Lot of bed clothing

Valued at 21.00

5 stock hogs

Valued at 15.00

1 trunk

Valued at 2.00

700 bushels of corn

Valued at 245.00

1 pad lock & looking

glass

Valued at .25

20 bushels of wheat

Valued at 56.00

Queen’s ware

Valued at 4.00

3 stacks of oats

Valued at 60.00

2 smoothing irons

Valued at 1.00

2 stacks of hay

Valued at 20.00

½ interest in reaper

Valued at 50.00

200 bundles fodder

Valued at 4.00

 

 

2 chopping axes

Valued at 3.00

 

 

Lot of castings

Valued at 17.00

 

 

 

 

The State of Texas We the undersigned, duly appointed and lawfully authorized

Collin Count commissioners do hereby certify that as far as was produced to us by the Administrator the above and foregoing is a full and correct inventory and appraisement of the estate both real and personal of LUKE and NANCY GEORGE decd. to the best of our judgment and understanding. This 5th day of Nov. A. D. 1868

G. W. Kerr

H. H. Tucker Commissioners

Wm. H. Horn

 

Sworn to and subscribed before me by said commissioners.

This 5th day of November A. D. 1868.

 

A. J. Taylor, J. P. Collin County

 

Page 562

 

Estate of MARTHA MARSHALL, Decd. Report of Sale

 

To the Honorable Probate Court for Collin Co. Dec. Term 1868.

The undersigned John L. Lovelady Executor of the Estate of MARTHA MARSHALL decd. begs leave to report that in pursuance of an order heretofore made by your Honor’s Court he proceeded to sell on the 18 inst at Mrs. E. E. Lovelady’s residence in Collin [County] to the highest bidder on a credit of six months, the following described personal property belonging to said estate, to the persons whose names are written opposite and for the prices so specified to wit.

 

One cow & calf to B. F. Biggs for

$5.20

One cow & calf to Wm. Roberts for

10.60

1 yearling colt to M. Wright for

18.00

1 2 year old colt to John Spurgin for

24.00

 

All of which is respectfully submitted.

J. L. Lovelady, Extr. Of Martha Marshall, Decd.

 

Sworn to and subscribed before me this 28th day of December 1868.

G. W. Patterson , Clerk.

 

Estate of WM. KERLEY Decd. Sale Bill

 

To the Hon. S. Bowlby, Judge of Collin County, Texas.

Report of sale of property belonging to the estate of WM. KEARLEY, deceased, to wit.

Nov. 1868 sold to B. R. Houghton 3 Indian

Ponys (Ponies) a[t] $12 each

50.00

December 1st, 1868 sold to D. D. Grayham

Thirty acres land at 1.75 pr. acre

52.50

 

$102.50

 

Joseph Stanford.

 

Sworn to and subscribed before me this 28th day of December 1868.

G. W. Patterson, Clerk.

 

 

Estate of LOUIS SHERLEY, Decd. Report of Commissioners.

 

To the Hon. the Probate Court of Collin Co., Texas.

We the undersigned by said court appointed commissioners to lay off for the Heirs of LOUIS SHERLEY dec. a homestead from the estate of Shirley would beg leave to report that we have laid off said homestead as follows to wit: Beginning at the S E. corner of a survey of 320 acres in the name of Michael Ramsomes Thence North 51 chs 40 lks a post at corner of pasture Thence South 12 chains a post in field Thence S 83 ½ Ί W 29 chs 20 lks a post in thicket an elm 10 in dim md X brs S 56 ½ Ί W 50 links Thence South 35 chs 88 lks a post in the South line of said Ramsomes Thence East therewith 48 chs 40 lks to the place of beginning containing 200 acres a part of Ramumes (sic) survey.

The above homestead has been laid off in accordance with the wishes of said heirs and includes the most valuable improvements of said estate.

 

Page 563

 

Respectfully submitted.

Geo. White

M. W. Allen Commissioners

M. S. Pulliam

 

Sworn to and subscribed before me at office in the town of McKinney this 19th day of December A. D. 1868.

G. W. Patterson, Clerk.

 

 

Estate of Wm. KEARLY. Sale Bill

 

To the Hon. S. Bowlby, Judge of Collin County, Texas.

Report of sale of property belonging to the estate of WM. KEARLY deceased, to wit:

 

Nov. 1868 sold to B. R. Houston Three Indian

Ponies at $12 each

50.00

December 1st, 1868 sold to D. D. Graham thirty acres land at 1. 75 per acre

52.50

 

112.50

 

Joseph Stanford

 

Sworn to and subscribed before me this 28 day of December 1868.

G. W. Patterson, Clerk

 

 

Community Estate, DELILA EPPS & her surviving husband.

Inventory

 

The State of Texas

March 26t 1863.

Collin County

 

We the undersigned appraisers of the property of DELILA EPPS, Dec. and her surviving husband O. EPPS make the following appraisement to wit:

 

200 acres of land a part of Mary A. Taylor’s

Headright appraised at $1000

$1000.00

Also 40 acres on Elm Denton County headright

Of Philemon Higgins appraised at

80.00

Do on Barsdale Creek Denton County 105

acres David Anderson Headright appraised to

$157.50

One Mule appraised to

40.00

One mare & colt valued at

40.00

Household property consisting of beds,

Bedsteads, press & table ware and some other

Notions all valued at

50.00

1367.50

 

P. W. Collier

W. M. Miller

 

Personally appeared before me the undersigned and states that the above is a true list of all the community property of O. EPPS and DELILA EPPS, deceased, this Jan. 25th, 1869.

C. Epps

 

Sworn to before me day and date above written.

W. B. Blalack, J. P.

 

Page 564

 

Personally appeared before me the undersigned and states upon oath that the above is a true list and valuation of all the Community property of O. EPPS and DELILA EPPS his deceased wife that has come to our knowledge.

This Jan. 25th A. D. 1869.

P. W. Collier

W. M. Miller

 

Sworn to before me day and date above written.

W. B. Blalack (Blalock?), J. P. Precinct No. 11 C. C.

 

 

 

Estate of VIRGINIA C. McGREGOR, Non Compes mentis

 

The State of Texas To the County Judge of the Probate Court of said County.

Collin County We the undersigned commissioners after being duly sworn do agree and say S. McGREGOR are indebted to V. C. McGREGOR, to the rest of her land for the year 1867

to one hundred and twenty bushels corn

$36.00

To five bushels wheat

15.00

To grass

4.00

Rent for 1868 to 162 bushels corn

89.00

 

144.00

 

We state to your Honor we believe the said S. McGREGOR are entitled to the within named credits

To 4 days hauling rails for said plantation

(farm)

$12.00

To five days work on said place repairing fence

6.00

250 rails made & put up

7.50

 

25.50

 

We the undersigned commissioners do solemnly swear the above is a true list to the best of our nolledeg (knowledge) & belief. So help me God.

Elijah W. Glass

Jacob Moore

 

Sworn to and subscribed before me this 16th day of Jany. 1868.

P. T. Hunter, J. P>

 

The State of Texas

Collin County I, S. McGREGOR guardian of the estate of VIRGINIA C. McGREGOR non compes mentis do solemnly swear that the foregoing list contains all the property belonging to the said VIRGINIA C. McGREGOR not heretofore returned by me by inventory & appraisement.

S. McGregor

 

Sworn to and subscribed before me this 25th day of Jan. 1869.

G. W. Patterson, Clerk.

 

Page 565

 

Estate of VIRGINIA C. McGREGOR Non Compes mentis.

 

Estate of VIRGINIA C. McGREGOR non compes mentis. To her guardian S. McGREGOR Dr. (?)

 

To Cash paid the State Lunatic Asylum as per

recept. July 28t 1866

$26.00

To Mileage to taking her to Austin and

returning

48.00

1869 for repairing her place &c as per act.

returned by appraisers this Jan. Term

23.50

To taxes to date

6.30 (?)

Pd. appraisers

.75

 

$112.85

 

Amount of income of her property as to appraisement rendered $144.00 One hundred and forty four dollars leaving a balance (sic) of thirty one dollars and fifteen cents $31.15 due the estate to this date. Jan. 25th 1869.

S. McGregor.

 

Sworn to and subscribed this 25th day of Jan. 1869.

S. Bowlby, J. C. C.

 

 

Estate of WM. DAVIS deceased. Sale of Lands.

 

The State of Texas

In the County Court for Probate Business.

Collin County

 

To the Hon. S. Bowlby Judge of the County Court of Collin County.

Now comes SALLY DAVIS Administratirix of the estate of WM. DAVIS decd. and make the following return of the sale of lands belonging to said estate by virtue of an order of the Court hereto fore rendered he would also state that said sale was not made on the first Tuesday in October 1868 for the reason that the District Court of Collin County was then in session and the presiding judge forbid this crying of said sale at the Court House door, and that the same lands terms of sale and place was advertised and sold on the first Tuesday in November at the Court House door in Collin County to the highest and best bidder on a credit of 12 months and within legal hours when and where the land were sold as follows.

The 32 acre tract East of the Homestead was sold in five lots as by order of the Court directed. First lot of 6 ½ acres sold to Joseph Bledsoe for …………………………………21.00 lying N or a tract of G. A. Wilson and beginning on the East Fork and N of said Wilson’s N boundary line and at the N E corner thereof Thence West to the Davis homestead Thence North to the East line of the homestead of Davis to a point so that running from thence East to the East Fork and down the same to the beginning it will include the said 6 ½ acres of land.

2d. Tract lying North of No. 1 aforesaid and beginning at the N E corner thereof running west to the homestead and then north to a point in the east line of the homestead so that running thence East to the east Fork and down it to the beginning will include the said 6 ½ acres of land, was sold to Joseph Bledsoe……………………………………………………………………… $33.00

3d. Tract lying North of the last above and beginning at the N E corner thereof running thence West to said homestead Thence….

 

Page 566

 

…north to a point so that running thence East to East Fork and down it to the beginning will include 6 ½ acres of land sold to G. W. Patterson for…………………………………………..$34.50

4th tract lying north of the last above and beginning at the N E corner thereof Thence West to the said homestead Thence North to a point so that running east to the East Ford and down to the beginning will include 6 ½ acres sold to John W. Thomas for…………………...$33.50

5th tract lying North of the of the last above and beginning a the N E corner thereof Thence up the East Fork to the S E corner of Foot & Stallcup’s tract Thence West to the David Homestead Thence South to James W. Thomas N W corner Thence West to the beginning so as to include 6 acres more or less was sold to J. W. Thrortmorton for…………………………..$34.00

6th tract lying East of the East fork being the East half of a tract of 20 acres gained from John C. Easton by a decree of the District Court of Collin Count was sold to G. A. Wilson for …………………………………………………………………………………………………………$52.00

7th tract the west half of the last above described tract of 20 acres sold to J. W. Throckmorton for…………………………………………………………………………………….$52.00

8th tract of 15 ½ acres lying East of Mrs. Kindell’s tract was sold to Harrison Stiff for……………………………………………………………………………………………………..$70.00

9th tract lying North of the last above of 28 acres was sold to J. W. Throckmorton for…………………………………………………………………………………………………….$105.00

10th tract lying East of the last above and on the East Fork of 18 acres was sold to J. W. Throckmorton for…………………………………………………………………………………...$101.00

And further that the amount for which said land were sold were the highest and best bids thereof and the same was knocked off to the respective parties named.

Wherefore petitioner asks that said sale be in all things confirmed.

Joseph Bledsoe Atty. for Sallie Davis,

Admx. of Wm. Davis decd.

 

Sworn to and subscribed before me this 4th day of November A. D. 1868.

G. W. Patterson, Clerk.

 

 

Estate of WM. WARDEN, Deceased.

 

The State of Texas

January 25, 1869.

Collin County

 

The Dementions (sic) of the WARDENS Estate.

 

1 clock

8.00

2 chears (shears?)

2.00

1 pot

6.00

1 box of mederson

(sic)

10.00

1 bake oven

1.00

1 book Dr. Gun’s

Medicine

2.00

1 cross cut saw

5.00

1 hand saw

1.50

1 pr. stillards

3.00

1 2 inch auger

1.00

2 bed steds (steads)

8.00

1 clevis & pin

.50

1 bed

12.50

1 smoothing iron

.50

1 quilt

1.00

1 iron wedge

1.00

2 pillows

2.00

1 kettle

2.50

 

 

Page 567

 

2 skillets 1 oven & lid

2.00

4 plows

4.00

1 coffee pot

.50

3 hoes

1.00

1 tin

1.00

1 steel trap

2.00

1 scythe & seth (sic)

1.50

Sundry Articles

3.00

Sundries things

2.00

1 ox yoke ring &

staple

1.00

1 spinning wheel

3.00

1 gelding jack

20.00

7 chairs

5.00

1 mare & colt

45.00

1 crock & stone

pitcher

.50

190 acres of land

more or less

535.00

1 rifle gun & hack knife

15.00

 

 

1 bed stead

5.00

 

 

1 bed

7.00

 

 

2 quilts 1 sheet

2 pillows

3.00

 

 

1 looking glass

.50

 

 

1 pot

1.00

 

 

1 buffalo robe

2.00

 

 

7 platis (sic)

.40

 

 

1 waggons (wagon)

50.00

 

 

2 log chains

7.00

 

 

 

 

The State of Texas We the undersigned appraisers appointed to appraise the property and

Collin County effects of the estate of WM. WARDEN deceased do solemnly swear that above mentioned inventory and appraisement is a full and true return of all property presented to us by the Admr. of said estate. Jan. 25th, 1869.

J. B. Gray

B. A. Mitchell

 

Sworn to and subscribed before me this 25th day of January A. D. 1869.

G. W. Patterson, Clerk.

 

The State of Texas I MARION WARDEN do hereby certify that the foregoing is a full list of

Collin County the property belonging to the estate of WM. WARDEN deceased that has come into my possession that there is some stock yet in the range that cannot be found.

 

F. M. Warden, Admr. W. Warden, Dec.

 

Sworn to and subscribed before me this 25th day of Jan. 1869.

G. W. Patterson, Clerk.

 

 

 

Will of A. B. GOUGH, Decd.

 

The State of Texas

Collin County Know all men that I ALEXANDER B. GOUGH being of sound mind & memory in view of the uncertainty of life do make and provide this my last will and testament.

Item 1st. In case of my death during my absence from the above County during the present war then I desire that my wife shall so soon as is practicable sell the one hundred and sixty acres of land on which we now reside and…

 

Page 568

 

…and invest the proceeds of such sale in improved lands.

Item 2. I desire that my said wife shall use and enjoy all of my property during the period of her natural life for the benefit of herself & for the education & support of our son JAMES R. GOUGH but without the power to sell & transfer except as provided in Item 1.

Item 3d. Upon the death of my said wife I desire that my property of every description shall pass into the possession of my said son J. R. GOUGH to be his absolutely.

Item 4. I desire that my said wife shall be the sole executor of this my last will and testament & that no bond nor security shall be required by reason hereof.

Item 5t. I desire that no action should be had in the probate court in reference to my estate excepting the probate & registration of this my last will and testament and the return of an inventory of my estate.

In testimony whereof I hereto subscribe my name this 23d day of June A. D. 1862.

A. B. Gough

 

In the presence of C. R. Breedlove

as witnesses

M. R. Parrish

 

 

The State of Texas

Collin County On this day personally appeared J. O. Straughan and James H. Lovejoy in open Court and makes the following oath to wit: We J. O. Straughan and James H. Lovejoy do solemnly swear that C. R. Breedlove one of the subscribing witnesses to the last will and testament of A. B. GOUGH deceased has removed without the jurisdiction of the County and that M. R. Parrish the other subscribing witness is now dead and further that the said M. R. Parrish was over the age of 14 years and a competent witness to said will and that we are well acquainted with the handwriting of the said M. R. Parrish and know his signature to said last will and testament to be his own hand writing as we verily believe.

 

J. O. Straughan

J. H. Lovejoy

 

Sworn to and subscribed before me this 26th day of January A. D. 1869.

 

G. W. Patterson, Clerk, C. C. C. C. Tex.

 

 

Page 569

 

Last Will and Testament of GEORGE FITZHUGH Deceased.

 

Know All Men By These Present that I GEORGE FITZHUGH of Collin County in the State of Texas in view of the uncertainty and now being blessed with my reasoning powers of mind makes this my last will and testament.

First: I will that my just debts be paid by my hereinafter named executor.

Second: I will that my beloved wife BETSEY R. FITZHUGH have the farm upon which I now live during her life also that she have all the kitchen and household furniture in her own right to dispose of at her own discretion.

Third: I will that the farm upon which I now live with all the appurtenances thereunto belonging said farm consisting of two separate tracts. After the death of my beloved BETSEY R. FITZHUGH be the property of my son GABRIEL FITZHUGH in fee simple.

Fourth: I will that the tract of land of 242 acres my own headright on Cottonwood branch the waters of Rowlett’s be sold by my executor for the best price that can be obtained either at public or private sale as to my executor may seem best and the proceeds of said sale of the aforesaid land be divided equally between my four daughters PATSEY KIRBY, POLLY LEWIS, FRANKY BECK and SUSAN LUISSA STAGGS.

The reason why I have not in this last will given to my children SOLOMON FITZHUGH and SARAH JANE SNIDER is that I have heretofore given them fair proportion of my estate.

Fifth. I appoint my son GABRIAL H. FITZHUGH my executor and I will that my said executor given no security and that no other proceedings with this my last will be had in the County Court of Collin County pertaining to estates than the probate of this my last will and a return of inventory and appraisement of my said estate and the recording the same.

Given under my hand this 19t day of December A. D. 1862.

George Fitzhugh

 

Attest:

Buford Henry

Alex Berry

 

The State of Texas

Now on this day comes Buford Henry in open Court one of the subscribing witnesses to the last will and testament of G. FITZHUGH deceased and made the following oath, to wit: I, B. Henry do solemnly swear that I am over the age of 14 years and was at the time of signing the foregoing last will and testament of G. FITZHUGH as a witness and that the said G. FITZHUGH signed the same in my presence in the presence of Alex Berry and that the said G. FITZHUGH deceased acknowledged that the foregoing contained his last will and testament and called on the said Buford Henry and Alex Berry to sign the same as witness.

Buford Henry

 

Sworn to and subscribed before me this 26th day of January A. D. 1869.

G. W. Patterson, Clerk.

 

Page 570

 

THOMAS BRUCE, Deceased.

 

To the Hon. the County Court of Collin County exercised Probate Jurisdiction:

The undersigned having been appointed (at the December Term of your Honor’s Court) Commissioners to make partition of the 200 acre homestead belonging to the heirs of THOMAS BRUCE decd. would respectfully beg leave to offer the following report to wit:

1st That in compliance with said order we have set apart to JEMIMA FARR the widow of THOMAS BRUCE decd. 100 acres of land embracing the improvements and bounded as follows: Beginning at the S W corner of the 200 acre homestead set apart to the widow and heirs of said BRUCE in a former petition of said estate Thence North 42 chains and 50 links to a post B T Elm 8 mkd X S 66Ί W 4 links Thence East 20 chs to the E B line THOMAS BRUCE headright survey Thence South 22 chains and 50 links to the N W corner of a 15 acre tract taken out of Thomas Linsey’s 640 acre survey and sold by Elisha Chambers to THOS. BRUCE Thence East 7 chains & 50 links to the N E corner thereof Thence West 27 chains and 50 links to the place of beginning. We appraise the above described tract at $400.00

2nd We set apart to J. M. BRUCE, MARY E. BRUCE and SARAH JENNE BRUCE 50 acres valued at $171.43 and bounded as follows: Beginning at the NW corner of the 100 acre tract set apart to JEMIMA FARR Thence North 8 chins and 08 (sic) links to a post B T Slippery Elm 3 marked L A X (sic) N 55Ί 6 links West 22 chains and 30 links to a post B T double Elm 4 & 5 mks X X S (sic) 40 ½ E 14 links Thence South 22 chains and 48 links to a post the Southern N W corner of the aforesaid 200 acre homestead B T Elm 4 makd X South 138 links Thence East 22 chains and 30 links a post the most Northern S W cr of the aforesaid 200 acre homestead B T double elm 8 & 4 west 45 links Thence North 14 chains and 40 links to the place of beginning.

3d We set apart to the four minor children 50 acres valued at $228.57 bounded as follows Beginning at the N W corner of the last above described 50 acre tract Thence North 8 chains and 42 links to the S W corner of a 49 acre tract sold by THOMAS BRUCE to Elisha Chambers Thence East with the S. B. Line of said 49 acres and N B line of T. BRUCE 421 acres about 42 chains and 30 links to the N E corner thereof Thence South with the E B line thereof about 16 chains and 50 links to the N E corner of tract set apart to JEMIMA FARR Thence West about 20 chains to N W corner thereof Thence North 8 chains and 08 (sic) links to N E corner of the aforesaid 50 acre tract Thence West with N B line thereof 22 chains and 30 links to the place of beginning.

 

Recapitulation

 

Set apart to JERMINA (sic) FARR 100 acres

valued at

400.00

Set apart to J. M., MARY E. & SARAH J.

BRUCE 50 acres valued at

171.43

 

 

Page 571

 

To 4 Minor children 50 acres valued at

$228.57

 

For further information in relation to partition we refer your honor to the following plat all of which is respectfully submitted.

 

A. T. Robinson Commissioners

 

[Plat not included here]

 

 

The State of Texas Before me G. W. Patterson Clerk of the County Court personally

Collin County appeared Jacob S. Helms, Sen. & Jacob S. Helms, Jr. two of the commissioners appointed by the Probate Court to set off to JERMIMA FARR surviving wife of THOMAS BRUCE deceased her portion of the homestead & also the portion of LARKIN ADAMSON JR. as well as the minor children of said deceased and made oath that the foregoing report of said commissioners is true and correct as they verily believe.

J. S. Helms, Sen.

J. S. Helms, Jr.

 

Sworn to and subscribed before me this 22n day of February 1869.

G. W. Patterson, Clerk.

 

The State of Texas Before me G. W. Patterson Clerk of the Collin County Court personally

Collin County appeared A. T. Robinson (sic) one of the Commissioners herein named and made oath that the foregoing partition of the homestead of the estate of THOMAS BRUCE deceased is just and true as he verily believes.

A. T. Robertson (sic)

 

Sworn to and subscribed before me this 22n day of February A. D. 1869.

G. W. Patterson, Clerk.

 

 

 

Report of Sale. JOHN McCLENNAHAN, Dec.

 

Report of sale of property of the estate of JOHN McCLENHAN (sic), Dec. on the 26t day of September 1869 (1868?).

 

Article

Purchaser

$ $

One Wagon

Thomas Snow

67.00

 

This day came WM. McCLANAHAN Adm. of JOHN McCLENHAN (sic) Dec. and made oath that the above is a true bill of sale as he verily believes. Witness my hand this 23d day of February A. D. 1869.

G. W. Patterson, Clerk.

 

Page 572

 

Last Will & Testament of HENRY MARTIN, Deceased.

 

The State of Texas In the Name of God, Amen: I, HENRY MARTIN of the County and State

County of Collin aforesaid being advanced in age and mindful that it is appointed unto all men to die and being of sound mind and disposing memory and desiring that my children and friends shall know and understand what I will and wish should be done after my deceased with such property as I now have or may hereafter acquire as well also that they may know what advances I have heretofore made to each of my children I do now make, ordain, publish and declare the following as and for my last will and testament hereby revoking all others.

Item 1st. I give and bequeath my soul to God who gave it humbly trusting in his Son and my Savior for salvation and my body to its mother earth from whence it came and desire that it be decently buried.

Item 2d. I desire and direct that my executor hereinafter named pay all my just debts is (if?) any there be as soon after my death as practicable.

Item 3d. In order that it may be seen that I have delt (dealt) justly, impartially and equally with my children I have given in advance my son ROBERT H. MARTIN the sum of Twelve Hundred dollars, to my daughter LOU ANN HENRICK the sum of Twelve Hundred Dollars, to my son JOSEPH HENRY MARTIN the sum of Seventeen hundred dollars and to my daughter NANCY JAN LEWELLING the sum of fourteen hundred and fifty dollars which advances are to be taken into equal division of my estate.

Item 4th. It is my will and wish that my executor hereafter named shall after my deceased take possession of the whole of my estate of any kind, character and description and he is authorized to manage the same as in his judgment may seem to the best interest of said estate and my said executor is hereby authorized and required to sell the whole of my property be the same personal, real or mixed after my death on such terms and at such times as he may think will best promote the interest of my said estate, i. e., he may rent the lands for the benefit of the legatees hereinafter named or he may sell the same immediately after my death or may wait until such time as he may think a fair price can be obtained for the same and then shall sell the same for cash or on a credit as he may think best.

Item 5th. It is my will and desire that after a sale of the whole of my estate and personal property that the proceeds thereof after deducting Five Hundred Dollars from the amount of said sale be divided (taking into consideration the advances hereinbefore state to equalize the shares equally between MARY W. MARTIN, wife of my son and said ROBERT H. MARTIN and my children vis ELIZABETH HUDSON, LOU ANN HNEDRICK, JOSEPH HENRY MARTIN and NANCY J. LEWELLEN or their…

 

Page 573

 

Heirs and in order that my said children may know and understand why I deduct the five hundred dollars from the sale of my real estate I will state that I consider the property advanced and the services rendered by my said son the said ROBERT H. MARTIN to have been worth that sum to him in the purchase of a certain tract of land of mine thereof.

I will and direct that the sum of five hundred dollars be deducted from the sale and that the same be given to the said MARY W. MARTIN, wife of the said ROBT. H. MARTIN the same being over and above in equal share of the proceeds of said sale after equalizing the shares by the advances aforesaid.

Item. 6. I hereby and herein constitute and appoint my son ROBERT H. MARTIN by executor to carry out the provisions of this my last will and testament and I hereby direct that no bond be required of him as said executor and that the probate Court nor any other Court pertaining to estates of deceased persons have any control over my said executor or my estate further than the probating of this will qualifying said executor and making inventory of my said estate as required by law.

In witness whereof I hereto sign my name in the presence of subscribing witnesses this 16th day of August in the year of our Lord one thousand eight hundred and sixty five (A. D. 1865).

 

ATTEST:

Wm. L. Nelson Henry Martin (Seal)

Josiah Nichols

I. D. Newsome

 

The State of Texas Now on this day personally appeared I. D. Newsome in open Court and

Collin County took the following oath to wit. I, I. D. Newsome do solemnly swear that I am 14 years of age and was at the time of signed the foregoing last will and testament of HENRY MARTIN as a witness and that the said HENRY MARTIN signed the same in my presence and in the presence of Josiah Nichols and that the said HENRY MARTIN deceased acknowledged that the foregoing contained his last will and testament and called on me the said I. D. Newsome & Josiah Nichols to sign the same as witnesses.

I. D. Newsome

Sworn to and subscribed before me 29th day of March 1869.

 

G. W. Patterson, Clerk.

 

 

Page 574

 

Estate of H. MARTIN, Dec.

 

 

Inventory and appraisement of the estate of HENRY MARTIN, Decd. March 31st 1869.

 

In Collin County, Texas.

 

320 acres land Kirkendal H. H. a[t] 5 per a[cre] $-

1600.00

256 acres of land Shaw H. H. a 5 per a $-

1280.00

145 acres of land Fisher a 5 per a $-

725.00

80 acres of land Havins a 5 per a $-

400.00

 

In Wise County, Texas

 

300 acres Located by H. Martin $1.00

300.00

5 head horses $25.00 each

125.00

 

$4430.

 

 

We the undersigned duly appointed by order of the Probate Court C. C. Texas at the March Term 1869 – do hereby certify that the above appraisement is correct to the best of our judgment.

T. M. Scott

W. M. Bagley

A. L. Shirley

 

Sworn to and subscribed before me the 2nd day of April A. D. 1869.

Jesse Coffey, J. P.

 

The State of Texas

County of Collin Before me, G. W. Patterson, Clerk of the County Court of said County personally came ROBERT H. MARTIN, Executor of the last will and testament of HENRY MARTIN decd. who being duly sworn deposes and says that the above and foregoing is a full and complete inventory of the property of the said estate that has come to his knowledge.

Robt. H. Martin

 

Sworn to and subscribed before me this April 3d 1869.

G. W. Patterson, Clerk.

 

 

Estate of LOUIS SHIRLEY, Decd.

 

To the Hon. the Probate Court of Collin County.

We the undersigned by said Court appointed to lay off for the heirs of LEWIS SHIRLEY decd. a homestead from the estate of said SHIRLEY would beg leave to report that we have laid off said homestead as follows to wit: Beginning at the S E corner of a survey of 320 acres in the name of Michael Ransomers Thence North 51 chs 40 lks a post at corner of pasture Thence S 83 ½ W 19 chs 40 lks a post Thence South 12 chains a post in field Thence S 83 ½ W 29 chs 20 lks a post in thicket an elm 10 in dia md X brs [bears] S 56 ½Ί W 50 links Thence South 33 chs 88 lks a post in the South line of said Ransomers Thence East therewith 48 chs 40 lks to the place of beginning containing 200…

 

Page 575

 

…acres a post of said Ransomer’s survey. The above homestead has been laid off in accordance with the wishes of said heirs and includes the most valuable improvement of said estate.

 

Respectfully submitted,

 

Geo. White

M. W. Allan Commissioners

U. S. Pulliam

 

Sworn to and subscribed before me at office in the town of McKinney this 19th day of December A. D. 1868.

G. W. Patterson, Clerk.

 

 

Estate of A. B. GOUGH, Decd.

 

 

Inventory and appraisement of the property of A. B. GOUGH, decd.

 

160 acres of land the preemption claim of said

A. B. Gough

$1600.00

13 acres of land out of the headright of J. H.

Gough

100.00

The half of one five year old mare

30.00

One cow & half of a steer

15.00

Four Books

2.50

One Clock

4.00

 

We the undersigned do hereby certify that the above list is a complete and correct appraisement of the property of A. B. Gough decd. That has come to our knowledge. This March 4, 1869.

 

W. N. Bush

Samuel Young Commissioners

Hogan Witt

 

This is to certify that I have this day show to the above Commissioners all of the property belonging to the estate of my deceased husband, A. B. GOUGH. This March 4th A. D. 1869.

 

E. J. Moore

 

The State of Texas

 

I hereby certify that I have this day qualified the above appraisers together with E. J. Moore, this March 4t A. D. 1869.

J. M. Wilcox, J. P. Collin County

 

 

Page 576

 

Community Property of P. D. COLE & deceased wife.

 

Inventory and appraisement of the Community property belonging to MARTHA R. COLE, decd. and P. D. COLE her surviving husband made and rendered to the County Court of Collin County by P. D. COLE, survivor, to wit:

 

220 acres of land on Pilot Grove Creek in Collin Co. Value at 15000 currency being part of a survey in the name of Lemuel Blantin.

20 head of stock cattle 100 currency

 

 

State of Texas

Brazos County Before me, G. W. Reed, a Notary Public in and for said Estate & County personally appeared P. D. COLE, who being by me sworn in due form of law deposes and says that the above list contains a full & complete inventory of the Community property of MARTHA R. COLE, decd. and himself this a_______ to the best of his knowledge & belief.

 

P. D. Cole

 

Estate of WM. DAVIS, Deceased Sale Bill

 

 

The State of Texas County Court for Probate Business March Term, 1869.

Collin County And now at this term of the Court comes SALLY DAVIS Administratrix of the estate of WM. DAVIS decd. by her attorney and return the sale made of certain real estate ordered to be sold to support the children of the said WM. DAVIS deceased, said land was apart of the headright survey of the said WM. DAVIS and situated near the town of McKinney said town being situated on apart of the same and containing about 54 acres out of said survey and that the same was sold in lots of 13, 23, 10 & 8 acres, the lot of 13 acres being at the N E corner of a tract sold to D. Stiff Thence South 12 chs & 72 lks to Stiff’s S E corner Thence East 10 chains Thence North to a branch in which Sherley’s (Shirley?) Mill is situated Thence up said branch to the beginning.

The 23 acre tract begins at the S E corner of said 13 acre tract Thence East about 5 chains Thence North to the above named branch Thence up said branch to the N E corner of said lot of land contain[ing] 13 acres Thence South to the beinning…

 

Page 577

 

…line of said 23 acre tract and south to the beginning so as to include 10 acres. The said 8 acre tract is situated immediately north of the last mentioned tract said Administratrix would further state that after due advertising as the law directs she did on the first Tuesday in March 1869 within legal hours offer said tracts of land separately at the Court House door of Collin County at public outcry to the highest and best bidder when and where A. G. & J. F. Cummins bid the following sums for such of said tracts.

 

1st for said 13 acre tract

180.00

2 for said 23 acre tract

350.00

3 for said 10 acre tract

101.00

4 for said 8 acre tract

55.50

 

 

Which were the highest and best bids therefor & the same was struck off to them. Wherefore said Administratrix ask that said sale be in all things confirmed.

 

Joseph Bledsoe Atty for SALLY DAVIS Admx. of WM. DAVIS, Decd.

 

Sworn to and subscribed before me this 16th day of March 1869.

G. W. Patterson, Clerk.

 

 

in March 1869 within legal hours offer said tracts of land separately at the Court House door of Collin County at public outcry to the highest and best bidder when and where A. G. & J. F. Cummins bid the following sum for such of said tracts.

 

1st for said 13 acre tract

180.00

2nd for said 23 acre tract

350.00

3rd for said 10 acre tract

101.00

4th for said 8 acre tract

55.50

 

which were the highest and best bids therefore & the same was struck off to them. Wherefore said administratrix asks that said sale be in all things confirmed.

 

Joseph Bledsoe Atty for SALLY DAVIS Admx of WM. DAVIS Decd.

 

Sworn to and subscribed before me this 16th day of March 1869.

G. W. Patterson, Clerk.

 

 

Estate of JOHN MARSHALL dec. Partition

 

State of Texas We the undersigned commissioners appointed by the Honorable

County of Collin County of Collin County at the March Term of probate court did according to said order proceed to the premises of JOHN MARSHALL, decd. and after consulting with W. P. Marshall & Fr. Marshall and the guardians of the Minor Heirs did distribute the estate of JOHN MARSHALL dec. as follows to W. P. MARSHALL, P. G. MARSHALL and F. MARSHALL 114 acres of land on the east end of said decd. 214 acre home tract of land valued at $1019. 64 acres of land out of the N W Corner of Calvin Bowls survey valued at $128 also a claim against P. G. Marshall for $51 making in all $1198.

And to JOHN MARSHALL, ELIZA J. MARSHALL, BENE P. MARSHALL 100 hundred acres of land on the west end of the 214 acre home survey including the residence on the same valued at $1070. 64 acres out of the S W corner of Calvin Bowles survey valued at $128 making in all $1198.

We give A. J. MARSHALL 1 waggon $75, One brown mare and sorrel horse $100, Claim against J. B. Thomas $30, One on Lee McMillam $41 25/100, 1 on A. J. Marshall $10 50/100, 1 on F. M. Marshall $88, 4 cows and calves $55, making in all $399 75/100. And to CHRISSHARY MARSHALL 32 acres of land out of East end of Calvin Bowls survey valued at $64, Bay mare and colt, 1 gray mare valued at $120 87/100, 1 cow and yearling calf valued at $15 00/100, making in all $199 87/100.

Given under my hands as commissioners valuing one…

 

 

Page 578

 

…the estate of JOHN MARSHALL decd. between the heirs of sd. estate this the 24th day of April 1869.

McJ. Bays

J. W. Franklin

H. H. Finley

 

The State of Texas

Collin County Before me personally appeared McJ. Bays, J. W. Franklin & H. H. Finley Commissioners appointed to appraise and partition the estate of JOHN MARSHALL deceased, and made oath that the partition set forth by them is just and true according to the best of their knowledge and belief.

Sworn to and subscribed before me this 24th day of April 1869.

G. W. Patterson, Clerk.

 

 

 

Estate of JOHN TATE, Decd. Will

 

In the name of God, Amen: I, JOHN TATE, a citizen of the State of Texas and County of Collin being of sound mind and disposing memory & knowing that God has appointed a time for all men to die, do make, ordain, appoint & publish this to be my last will & testament hereby revoking all other wills by me hitherto made.

1st Bequeath my soul to Almighty God who gave it and my body to the earth from whence it came to be buried in a Christian repectable (respectable) manor (manner).

2d After all my just debts & legal liabilities are paid I will that my entire estate remaining real, personal, mixed or otherwise be disposed of in the following order to wit:

To my daughter NANCY JONES (JANE?), the wife of WILLIS HOLFORD, and to my daughter, MARGARET, wife of NELSEN ELY, and to my son, JAMES, now deceased, I have given and paid over to each of them in person about the sum of eleven hundred dollars which I cenceve (conceive?) and believe to be their full pro rata share & portion of my entire estate. But I further will & desire that the executrix of this my last will & testament shall in addition to the above amount as already paid shall on their demand pay to the said NANCY JANE HOLFORD, MARGARET ELY & heirs of JAMES M. Decd. out of my estate the sum of five dollars and no more each.

To my son, GEORGE M. by my second wife I will and bequeath to him if living but to his heirs if he is dead the sum of five dollars & no more to be paid to him or them on his or their demand by the executrix of this my last will and testament.

 

Page 579

 

All of the remainder of my estate of every description real, personal and mixed that I have or may die seized or possed (sic) of I will & bequeath to my beloved wife, CYNTHIA during her lifetime or widowhood. And at the death of my beloved wife CYNTHIA I will and desire that all of my estate as above name be equally divided among my children of her own body to wit: To the two children WILLIAM & ADAMAH of my son ROBERT H. Deceased, MARY E., JOHN H., MARTHA CAROLINE, WILLIAM E. and DAVID B. TATE.

4th And in the event that my beloved wife CYNTHIA should marry I will that my entire estate shall be disposed of precisely as willed by me in case of her death.

5th I will, nominate & appoint my beloved wife CYNTHIA my sole executrix of this my last will and testament and further will that my said executrix shall not be required to give bond for her faithful performance in carrying out the provisions of this my last will & testament but shall only be required to probate & record the same and shall appoint her executor to carry out the provisions of the same after her death or entry into a second marriage.

6th I further will and desire that my executrix will have special regard to the education of our minor children and also to aid and assist them as they may become of age, or marry to the best of her ability so to do without detriment to herself or younger children, keeping correct accounts of all advancements in this manner made so that she or her executor may be enabled as near as possible to make on final distribution an equal division of my estate that our said named children shall share and fare alike.

To all of which I hereunto set my hand on the 6th day of November A. D. 1868 in the presence of the annext (sic) subscribing witness.

John Tate

 

Attest: T. E. Montgomery

Geo. H. Fowler, M. D.

 

The State of Texas

Collin County Before me, G. W. Patterson, Clerk of the Collin County Court personally appeared George H. Fowler in open Court and takes the following oath to wit: I, George H. Fowler, do solemnly swear that I am 28 years of age and was at the time of signing the foregoing last will and testament of JOHN TATE now deceased as a witness and that the said JOHN TATE signed the same in my presence and in the presence of T. E. Montgomery and that the said JOHN TATE now deceased acknowledged that the foregoing contained his last will and testament dated 6th day of November A. D. 1868 and called upon me the said George H. Fowler and T. E. Montgomery to sign the same as witness which we done (sic) in his presence.

 

Geo. H. Fowler, M. D.

 

Sworn to and subscribed before me in open court this 27t day of April 1869.

G. W. Patterson, Clerk.

 

 

Page 580

 

Estate of DANIEL PRIGMORE, Decd.

 

Last Will and Testament. Know all Men By These Presents, That I, DANIEL PRIGMORE, of Collin County and State of Texas being of sound mind and disposing memory but weak in body, knowing the uncertainty of life and desirous of disposing of my estate do make this my last will and testament.

Mainly I desire that my just debts and funeral expences (expenses) be paid by my executor.

Secondly I give and bequeath to my son, THEODORE PRIGMORE (80) Eighty acres of land apart of the headright of Christopher Searcy and marked as Lot No. 1 in accompany plat [not included here].

Thirdly I give and bequeath to my son, W. R. PRIGMORE, Two Hundred Dollars in lieu of a tract of land containing eighty acres marked on plat as Lot No. 2 [not included here]. Said land was deeded by me to John Kerr and I hereby authorize my executor to pay said sum of two hundred dollars out of any money in his hands belonging to my estate.

Fourthly I give and bequeath to my daughter, MARY JANE PRIGMORE, eighty acres of land part of headright of C. Searcy marked on plat as Lot No. 3.

Fifthly I give and bequeath to my daughter, S. I. PRIGMORE, eighty acres of land part of the headright of C. Searcy marked on plat as Lot No. 4.

Sixthly I give and bequeath to my son, GEORGE PRIGMORE, eighty acres of land part of the headright of Galatin Searcy marked on plat as Lot No. 5.

Seventh I give and bequeath to my daughter, MARY PRIGMORE, eighty acres of land part of the headright of Galatin Searcy marked on plat as Lot No. 6.

Eighth I give and bequeath to my son, L. W. PRIGMORE, eighty acres of land part of the headright of Galatin Searcy marked on plat as Lot No. 7.

Ninth I give and bequeath to may son, D. H. PRIGMORE, eighty acres of land part of the headright of Galatin Searcy marked on plat as Lot No. 8

Tenth I desire that my timber tract on Wilson Creek part of the headright of J. M. Feland be divided equally among all my heirs according to value and I desire my executor to have same divided as soon as practicable.

Eleventh I desire that a tract of land lying near McKinney part of headright of Jacob Danbough containing 146 acres being the same deeded to my (me?) by Galatin Searcy be sold by my executor and the proceeds after paying all my just debts to be equally divided among my heirs and I hereby give my executor power to sell same at such time and at such price as he may think best for the interest of my heirs.

Twelfth I desire that all my stock of horses and cattle remain in charge of my executor so be kept by him and the increase to go to the support of my minor children until they become of age, afterwards to be divided among all my heirs making all equal in the division after deducting what they have previously received.

Thirteenth I desire that my bed steads and bedding be divided among my younger children...

 

Page 581

 

...one bedstead, feather bed and bedding to each of my daughters and feather bed and bedding to my son, GEORGE, the remainder of my household and kitchen furniture, farming implements, stock hogs shall remain for the use of my younger children. I also wish that they shall have a reasonable education which my executor is required to carry out.

Fourteenth I desire that my two yearling mule colts shall be sold privately the proceeds to be applied towards my funeral expenses.

Fifteenth I hereby appoint my son, THEODORE PRIGMORE, to be my executor of this my last will and testament and desire that there be no action in County Court than the probate and registration of this will and filing inventory of estate. Collin County, April 8t 1869.

 

Daniel Prigmore

 

Witness

Jeremiah Martin

Jefferson Robinson

[John B. Kerr? See below]

 

State of Texas Now this day personally appeared John B. Kerr in open Court and takes the

Collin County following oath to wit: I, John B. Kerr, do solemnly swear that I am 14 years of age and was at the time of signing the foregoing last will and testament of DANILE PRIGMORE as a witness and that the said DANIEL PRIGMORE signed the same in my presence and in the presence of Jeremiah Martin & Jesse Robinson and that the said DANILE PRIGMORE now deceased acknowledge that the foregoing contain(s) his last will and testament and called upon me the said John B. Kerr & Jeremiah Martin & Jefferson Robertson (sic) to sign the same as witnesses.

John B. Kerr

 

Sworn and subscribed before me in open Court this 26th day of April 1869.

G. W. Patterson, Clerk.

 

 

Estate of GEO. W. LOVEJOY, Dec. Inventory.

 

Inventory of the Community property belonging to the estate of GEO. LOVEJOY decd.

 

110 acres in F. C. Wilmoth valued at

$500.00

10 acres in Wm. Ryan’s valued at

52.00

9 cattle

48.00

 

Separate property. None found.

I hereby certify that the above is a correct inventory of all property known to me belonging to the estate of GEO. LOVEJOY dec.

We the undersigned do hereby certify that the above is a correct valuation of the property described.

Geo. White

H. W. Harris

 

Sworn to and subscribed before me this 9th day of April 1869.

S. Bowlby, J. C. C.

 

 

Page 582

 

Estate of GEO. LOVEJOY Dec. Partition.

 

State of Texas To the Hon. the Probate Court of said Co.

Collin County We the undersigned comms. Appointed at the last July Term of said Court to make partition and distribution of the estate of GEO. LOVEJOY dec. and having received additional instructions at the ensuing August Term of said Court would beg leave to make the following report to wit:

Said estate from the inventory this day filed we find to consist of community property said property we proceeded to divide into two portions of equal value and set apart on of said portions to POLLY TURNER once the wife of said dec. The other portion we then divided into four parts of equal value and partitioned and set apart said four parts respectfully to the four children of the said GEO. LOVEJOY dec. and POLLY TURNER. The portions thus petitioned and set apart are fully described as follows to wit:

To POLLY TURNER. Two tracts of land, one a part of a survey of 526 acres of land in the name of F. C. Wilmoth and beginning at the S E corner of said survey Thence S 88Ί W 23 chs (chains) the S W corner of 114 acres sold by F. C. Wilmeth to G. W. Lovejoy a post from which an elm 8 in (inches) dia (diameter) md (marked) X brs (bears) N 73 ½ E 97 lks (links) Thence North 6 chs 20 lks a post Thence East 23 chs a post Thence South 5 chs 40 lks to the beginning containing 13 1/3 acres of land. The other tract being a part of a survey of 640 acres made in the name Wm. Ryan and beginning at the N W corner of a 5 acres herein set apart to POLLY TURNER Thence North with Ryan’s W line 3 chs 80 lks a post Thence East 6 chs 6 lks a post Thence South 3 chs 80 lks a post Thence West 6 chs 60 lks to the beginning containing 2 ½ acres of land both tracts valued $69.00

Also a heifer blue & white valued at 6.00

Total $75.00

 

To Z. A. LOVEJOY. Two tracts of land one a part of a survey of 526 acres of land in the name of F. C. Wilmoth and beginning at a post in the East line thereof from which the S E corner thereof bears South 5 chs 40 lks Thence West 23 chs a post Thence North 5 chs 80 lks a post Thence East 23 chs a post Thence South 5 chs 80 lks to the beginning containing 13 1/3 acres of land.

 

Page 583

 

The other tract being a survey of 640 acres made in the name of Wm. Ryan and beginning at the N E corner of 2 ½ acres herein set apart to POLLY E. LOVEJOY Thence East 8 chs 70 lks to a post from which an ash md X brs S 4 E 12 lks Thence up the same with its meanders to the N E corner of a tract of 5 acres herein set apart to POLLY TURNER Thence West 4 chs 40 lks POLLY E. LOVEJOY’S S E corner a post Thence North _ chs 80 lks to the beginning containing 2 ½ acres of land both tracts valued at $69.00

Also a heifer 2 years old light red valued at 6.00

Total $75.00

 

To WM. C. LOVEJOY a tract of land a part of a survey of 526 acres of land in the name of F. C. Wilmoth and beginning at the N E corner of 114 acres of land sold by F. C. Wilmuth (sic) a post in the South bank of a branch from which a Spanish Oak 10 in. in dim d X brs S 15 W 30 lks Thence South 21 ch 40 lks the N E corner of a tract of 40 acres herein set apart to POLLY TURNER Thence West 11 chs a post Thence North about 18 chs 60 lks to said branch Thence down the same with it meanders to the beginning containing 22 acres valued at $69.00

Also a heifer 3 years old red & white spotted valued at 6.00

Total $75.00

 

To JOHN L. LOVEJOY A tract of land a part of a survey of 526 acres of land in the name of Francis C. Wilmoth and beginning in the West line of a tract of 114 acres of land sold by said Wilmoth to G. W. LOVEJOY at a post from which the S W corner thereof brs South 29 chs 40 lks Thence North 11 chs 40 lks a post Thence East 3 chs a post Thence North 5 chs 30 lks a branch Thence down the same with its meanders in easting 9 chs Thence South about 18 chs 60 lks a post in the N line of a tract of 40 acres herein set apart to POLLY TURNER Thence West 12 ch to the beginning containing 19 1/3 acres of land valued at $69.00

Also a heifer 2 years old light red valued at 6.00

Total $75.00

 

Below is a plan of the foregoing division.

 

[Plat not included here]

 

All of which is respectfully submitted.

 

Geo. White

T. T. Bradley Comrsrs.

H. W. Harris

 

Sworn to and subscribed before me this 9th day of April 1869.

S. Bowlby, J. C. C.

 

Page 584

 

Estate of ANGELINA COMPTON & her deceased husband EBER

 

Inventory of property belonging to the estate of the late E. COMPTON deceased.

 

Table

10.00

Reaper

40.00

Safe

8.00

4 plows & other tools

20.00

Table ware

20.00

Wagon

100.00

Loom

8.00

Carriage

40.00

6 chairs

6.00

1 mare & suckling colt

& Yearling

65.00

Lot of Sundries

12.00

2 horses

60.00

2 wheels & a real

7.50

3 work oxen

30.00

Cooking stove

10.00

5 cows & calves

50.00

Bureau

20.00

10 head of hogs

20.00

Side table

4.00

Land 185 acres $8.00

per acre

1480.00

3 bed steads

24.00

 

 

3 beds & bedding

50.00

 

 

Trundle bed stead

4.00

 

 

A lot of books

4.00

 

 

Scales

1.00

 

 

Looking glass

1.00

 

 

2 pr sheep shears

1.00

 

 

Trunk

1.50

 

 

 

 

The State of Texas

Collin County We the undersigned appointed by the Court to appraise the property and estate of EVER (sic) COMPTON decd. and his surviving wife do solemnly swear that the above is a true inventory and appraisement of all the property of said estate as presented to us by the surviving wife of the said EVER (sic) COMPTON, decd.

R. S. Sneed

J. M. Snider

 

Sworn to and subscribed before me this 14th day of February A. D. 1869.

 

The State of Texas

Collin County This day comes Mrs. ANGLINA COMPTON surviving wife of EBER COMPTON deceased and makes oath the foregoing inventory & appraisement contains all the property & effects belonging to the Community estate of herself & deceased husband at the time of his death.

Angelina Compton

 

Sworn to and subscribed before me this 6t day of April A. D. 1869

G. W. Patterson, Clerk.

 

Page 585

 

Inventory and appraisement of DANIEL PRIGMORE, Dec.

 

Inventory and appraisement of the estate of D. PRIGMORE, decd.

 

Land

 

520 acres land part of headright of Christopher

& Galatin Scarcy $7 per acre

3640.00

146 acres headright of J. M. Feland - $15

610.00

146 acres Hdright of Jocob Dunbaugh

1168.00

3 mares $65

195.00

1 horse

73.00

2 mule colts

70.00

4 cows & calves

40.00

4 yearlings

12.00

2 yr old heifer

7.00

5 hogs & shoats

27.00

Farming Implements

110.00

Carpenter’s tools

7.00

3 bed steads & bedding

105.00

1 feather bed & bedding

25.00

Household & kitchen furniture

60.00

 

$6251.00

 

The undersigned appraisers appointed by the County Court of Collin County to appraise the estate of DANIEL PRIGMORE deceased do certify that the above is a true and just appraisement of said estate to the best of our judgment.

Given under hands this 31s day of May A. D. 1869.

 

J. T. Coleman

Jeremiah Martin

M. Ashlock

 

The State of Texas

Collin County Sworn to and subscribed before me this 31s day of May 1869.

G. W. Patterson

 

The State of Texas

Collin County I THEODORE PRIGMORE do solemnly swear that the inventory presented by the appraisers before mentioned contains all the property belonging to the estate of DANIELL PRIGMORE, dec. which has come to my knowledge as executor of said estate.

 

Theodore Prigmore, Executor

 

Sworn to and subscribed before me this 7th day of May 1869.

G. W. Patterson

 

Page 586

 

Last Will and testament of DAVID WYLIE, Deceased.

 

In the name of God, Amen: The last will and testament of DAVID WYLIE of Jarrard County, State of Kentucky concerning the uncertainty of this moral life and being of sound mind and memory do make and publish this my last will and testament in manner and form following which is to say I commit my Spirit to God who gave it and my boddy (body) to the dust till the morning of the Reserection (Resurrection) to be judge[d] by him who will do right.

First It is my will that so much of my property be sold as pay all my just debts.

Secondly I will and bequeath unto my beloved wife JEMIMA all my personal and real estate during her natural life or widowhood.

Secondly (sic) all my children that is with me an[d] unmarried is to have one bed, one horse, one cow and four sheep, one sow and pigs to be make them equal with those that are married.

3d. SALLY JANE is to have the choice of the three yearling colts that I now have for her horse. She is also to have fifty dollars more than those that are married as she has helped to raise the family.

Fourthly It is my will that my land be sold at my wife’s death by me executors and all of her property belonging to my estate and the money equally divided between all of my children except ELIZABETH TODD’S part which is to be handed to her as she needs it by my executors or laid out in land for her benefit and the title made to her children by my executors.

It is my will that (blank) HARVEY WYLIE and JEMIMA my wife be appointed my executors to carry this my last will and testament into effect and that my said executors have full power and authority by conveyance by deed of land herein mentioned.

Witness whereof the said WYLIE hath hereunto se my hand and seal this the second day of August 1853.

Witness) Asa B. Patterson David Wylie

Witness) George R. Gates

 

The State of Texas

Collin County

Before me the undersigned authority personally appeared George R.

Gates in open Court and made the following oath to wit: I, George R. Gates do solemnly sear that I am over the age of 14 years and was at the time of signing the above last will and testament of DAVID WYLIE now deceased as a witness and that said DAVID WYLIE signed said will in my presence and in the presence of Asa B. Patterson and that the said DAVID WYLIE deceased acknowledged that he executed the same as his last will and testament and that myself and the said Asa B. Patterson signed the same as witnesses at the request of the said…

 

Page 587

 

…DAVID WYLIE now deceased.

 

his

George B. X Gates

mark

 

Sworn to and subscribed before me this 31st day of May A. D. 1869.

G. W. Patterson, Clerk.





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Updated: July 13, 2010
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Sue Patterson