Probate Minutes - 1876-1879 - Volume A-2


Page 558

 

…the same be approved and recorded and that A. S. GRAVES guardian as aforesaid be discharged from his trust upon his filing vouchers showing all the estate in his hand disposed of.

 

SARAH L. PERKINS Monday Mch.

surviving wife of 17th 1879

J. T. PERKINS dec. Now on this day comes SARAH L. PERKINS and files an inventory and appraisement of all property belonging to the community estate of herself and her deceased wife [sic-husband] and it appearing to the court that the same contains a full and complete list of all property belonging to said community Estate it is ordered that the same be approved and recorded.

 

A.B. MAYES Monday Mch.

Guardian 17th 1879

W. B. MAYES a minor Now on this day comes A. B. MAYES Guardian of the Estate of W. B. MAYES a minor and files an annual report of the condition of said Estate. Ordered by the court that the same be continued by operation of Law until the next term of this court.

 

E. T. BROWN Monday Mch.

Guardian 17th 1879

JULIA BURNS Now on this day comes E. F. BROWN guardian of the Estate of JULIA BROWN a minor and files an annual report…

 

Page 559

 

…of the condition of said estate, ordered by the court that the same be continued by operation of law until the next term of this court.

 

J. M. TUCKER Monday Mch.

admr. 17th 1879

Est. H. H. TUCKER Now on this day came on to be heard the Exhibit of J. M. TUCKER admr. of the Estate of H. H. TUCKER dec. of the condition of said Estate filed March 11th 1879 and the matters and things there in contained being made known & fully understood by the court, it is further ordered adjudged & decreed by the court that the same be in all things approved and confirmed.

 

V. H. ALLEN Monday Mch.17th

admrix. 1879

Est. M. W. ALLEN dec. Now on this day came on to be heard the exhibit of MRS. V. H. ALLEN admrx. of the Estate of M. V. ALLEN of the condition of said Estate filed March 8, 1879 and the matters & things therein contained being known & fully understood by the court it is ordered adjudged & decreed by the Court that said report be in all things approved & confirmed.

 

A.E. QUISENBERRY Monday Mch. 17th

admr. 1879

Est. R. J. QUISENBERRY Now on this day came on to be heard the Exhibit of A. E. QUISENBERRY admr. of the Estate of R. J. QUISENBERRY

 

Page 560

 

…dec. of the condition of said Estate filed Febry. 28th 1879 and the matters and things therein contained being fully understood by the court it is ordered adjudged and decreed that the same be in all things approved & confirmed.

 

ROBT. GARNETT Monday Mch.

admr. 17th 1879

Est. JOHN L. WHITE dec. Now on this day came on to be heard the report of the commissioners appointed at a former term of this court & it appearing to the court that all the land belonging to said Estate has been sold off by the heirs of said Estate by the metes & bounds & the same is satisfactory to all parties, it is ordered that the same be approved and it further appearing to the court that said Estate has been fully administrated & all the money & perishable property belonging to the heirs has been paid over to them or their assignees, same (?) & except LARKIN WHITE whose residence is unknown & it appearing that there is the sum of twelve & 10/100 Dollars in the hands of the admr. ROBT. GARNETT due him and all cost are paid, it is there fore ordered that said ROBERT GARNETT admr. pay to the state treasurer the sum of twelve & 10/100 Dollars to the credit of said LARKIN WHITE & take receipt therefore & when the same is filed in this court that he be discharged and the administration be declared closed.

 

Page 561

 

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

 

Tuesday morning 9 o’clock court met pursuant to adjournment.

 

M. A. ROBINSON Monday Mch. 17th (sic)

vs. 1879

Est. M. C. ROBINSON dec. Now on this day comes M. A. ROBINSON and presents her application for the probate of the last will and testament of M. C. ROBINSON deceased and said will being read in open court and it appearing that MARTHA A. ROBINSON was appointed Executor of said will, and it further appearing to the satisfaction of the court that M. C. ROBINSON is dead and N. T. WHITE one of the subscribing witnesses to said will coming into open court and being sworn says that M. C. ROBINSON on the 7th day of August 1869 being at the time of sound mind in the present (sic) of affiant, caused W. L. BELLEW, and JAS. L. BROCKMAN by his directions to sign the within and forgoing will for him and in his presence and in the presence of affiant and that said deceased signed said will in presence of himself and said W. L. BELLEW and JAS. L. BROCKMAN as witnesses and that said deceased was over the age of 21 years and that he and said BELLEW & BROCKMAN were over the age of 14 years and it appearing to the court that due notice of said application has been given according to law, It is therefore ordered and…

 

Page 562

 

…decreed by the court that said application be granted and that said will be admitted to probate and the provisions thereof confirmed and that M. A. ROBINSON appointed Executor of said Estate and file and inventory of said Estate.

 

M. C. ROBINSON Monday Mch.

Extr. 18th 1879

Est. M. C. ROBINSON dec. Ordered by the court that N. T. WHITE, E. W. PUCKETT and JOHN HARLESS be appointed appraisers of the Estate of M. C. ROBINSON dec.

 

M. C. ROBINSON Monday Mch.

Extr. 18th 1879

Est. M. C. ROBINSON dec. Now on this day comes M. C. ROBINSON and files an inventory and appraisement of all property belonging to the estate of M. C. ROBINSON deceased and it appearing to the court that the same contains a full and complete list of all property belonging to said Estate it is ordered that the same be approved and recorded.

 

THOS. H. BUMPASS Monday

vs. Mch. 18th 1879

Est. R. D. BUMPASS dec. Now on this day comes THOS. H. BUMPASS and files his application for the probate of the last will and testament of R. D. BUMPASS dec. and said will being read in open court and it appearing that THOS. H. BUMPASS was appointed…

 

Page 563

 

…Executor of said will and it further appearing to the satisfaction of the court that R. D. BUMPASS is dead and that H. M. MARKHAM one of the subscribing witnesses to said will coming into open court and being sworn says that R. D. BUMPASS sign[ed] said will on the 5th day of October 1872 being at the time of sound mind in the presence of affiant, caused R. MURCHISON by his directions to sign the within and foregoing will for him and in his presence and in the presence of affiant and that said deceased signed said will in the presence of himself and said R. MURCHISON as witnesses and that said deceased was over the age of 21 years old and that he and said MURCHINSON were over the age of 14 years old and it appearing to the court that due notice of said application has been given according to law, It is therefore ordered and decreed by the court that said application be granted and that said will be admitted to probate, and the provisions thereof confirmed and that THOS. H. BUMPASS be appointed executor of said Estate and that he file an inventory & appraisement of all property belonging to said Estate and enter in a bond in the sum of 7000$ with good and amt. of proved security and take the oath prescribed by law.

 

H. H. FINLEY Monday Mch

admr. the 17th (sic) 1879

Est. SAMPSON FINLY (sic-FINLEY) Now on this day…

 

Page 564

 

…came on to be heard the final account of H. H. FINLEY administrator of the Estate of SAMPSON FINLY deceased and due notice having been given according to law and the matters and things in said final account having been examined by the court said final account is in all things approved and it appearing to the court from said account and the evidence introduced that the following named persons are children and heirs at law of SAMPSON FINLEY deceased viz—SOPHRONIA FINLEY, S. A. PRYOR formerly ANN FINLEY, CHARITY JORDAN, formerly CHARITY FINLEY, SARAH FINLEY, THOS. FINLEY, JOHN FINLEY, SAMPSON FINLEY, JR. and MARY FINLEY and as such children and heirs at law of said SAMPSON FINLEY deceased they are entitled to one ninth interest in his Estate remaining in the hands of said administrator, it is hereby ordered that said H. H. FINLEY do pay over to each party or their legal guardian respectively one ninth of the money remaining in his hands as said administrator aforesaid taking their receipts for the same and it further appearing to the court that there is still belonging to said Estate one half interest in 15 acres of land in the B. TEAL survey in Denton County Texas and 5 acres of land int. of the (blank) KENNEDY survey in Collin Co. all of which said land is timber land it is therefore ordered that (unreadable) J. D. RAGE and T. B. WILSON who are hereby appointed…

 

Page 565

 

…commissioners do make immediate partition and division of said land among above mentioned heirs of said SAMPSON FINLEY deceased and report their action back to this court at the present term thereof unless they find that the same can not be partitioned for the interest of the parties above mentioned and if they so find, that they report that fact to this court at its present term. It is further ordered that said above mentioned administrator report his action under this decree at the next term of this court and that said final account be recorded.

 

C. H. & L. J. McCORMICK Tuesday Mch.

vs. 18th 1879

JAS. G. CALBURN (?) Now on this day the above cause came on to be heard and the parties appearing by counsel and announcing themselves ready for trial and no Jury being demanded said cause was submitted to the court, where upon the pleadings, evidence and argument of counsel being heard it is considered by the court that the claimant JAS. G. CALBURN do recover and have vested in him all the right and title in and to the bale of cotton in combrass (compress?) as against the Plffs. C. H. & L. J. McCORMICK and that the levy made upon said cotton by virtue of the execution complement of in this cause do…

 

Page 566

 

…abate and that no further proceedings be had under or by virtue of said, Execution or the Judgment upon which the same was issued against said cotton. It is further ordered that the said JAS. G. CAHBURN do have and recover of & from the said C. H. & L. J. McCORMICK all his costs in this behalf incurred for which let execution issue and that the officers of court have execution against each of the parties for the costs by them respectfully incurred.

 

 

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

 

 

Wednesday morning March 19th court met pursuant to adjournment.

 

Note written in margin: Rec’d on the (unreadable) Two Hundred & fifteen dollars.

April 11th 1879 C. HAIL T. D. HAIL (?)

Required of WM. BEVERLY the sum of One Hundred & twenty two & 76/100 Dollars.

R. C. WHITE Attorney

 

 

ALEXANDER HALE Wednesday Mch.

vs. 19th 1879

WM. BEVERLY Now on this day this cause came on for trial there came the plaintiff by atty. and the said defendant having failed to appear and answer in this cause but wholly made default wherefore the said ALEXANDER HALE ought to recover against the said WM. BEVERLY his damages by occasion of premises and it appearing to the court that the cause of action is liquidated and proved by an instrument of writing it is ordered that the clerk do assess the damages sustained by said plaintiff and the said clerk now here having assessed the damages aforesaid at the sum of Three Hundred and…

 

Page 567

 

…two & 68/100 Dollars with interest thereon at the rate of one per cent per month and the sum of Thirty Dollars and twenty six cents as attorney fees together with all costs in this cause incurred and that he have his execution and that Execution issue against each party for the costs by them incurred in favor of the officers of the court.

 

JOHN S. & S. D. HEARD Wednesday March

vs. 19th 1879

JOHN ROARK Now on this day this cause came on for trial there came the plaintiff by his attorney and the defendant having failed to appear and answer in this behalf but wholly made default wherefore the said J. S. HEARD and S. D. HEARD ought to recover against the said JOHN ROARK their damages by occasion of the premises and proven by an instrument of writing it is ordered that the clerk do assess damages sustained by said plaintiff and the said clerk now having assessed the damages at the sum of Seven Hundred and sixty six & 30/100 Dollars with interest at the rate of 8 percent per annum together with their cost in this behalf Expended and that he have his execution. It is further ordered that Execution issued in favor of the officers of the court against each party respectively for the cost by them incurred.

 

Page 568

 

JOHN S. & S. D. HEARD Wednesday March

vs. 19th 1879

H. & T. C. R. CO. as Now on this day came on to be heard the

Garnishee of JOHN ROARK cause and it appearing to the court that Judgment has been heretofore rendered in this court in favor of J. S. & S. D. HEARD against JOHN ROARK for the sum of Seven Hundred and sixty-six & 30/100 Dollars with interest thereon from condition of Judgment besides costs of suit and the HOUSTON & TEXAS CENTRAL RAILWAY COMPANY having filed its answer herein as required by law, and in obedience to a writ of garnishment on it served that it is indebted to JOHN ROARK in the sum of Two Hundred and Eight & 85/100 Dollars, therefore it is ordered adjudged and decreed that J. S. HEARD and S. D. HEARD do have and recover of HOUSTON and TEXAS CENTRAL RAILWAY COMPANY said sum of two Hundred and Eight & 85/100 Dollars with interest at 8 % from this date and that this Judgment shall operate as a bar to said indebtedness from the H & T. C. Ry. Co. to Said JOHN ROARK condemned by this Judgment in its hands. It is further ordered that the H. & T. C. Ry. Co. recover its costs against plaintiffs in this behalf expended.

 

T. M. SCOTT Wednesday Mch. 19th

vs. 1879

J. A. CREAGER Now on this day comes the plaintiff by attorney and the said defendant…

 

Page 569

 

…having failed to appear and answer in their behalf but wholly made default wherefore the said T. M. SCOTT ought to recover against the said J. A. CREAGER, J. T. CREAGER, Y. S. CREAGER, JAMERS McKINNEY, WILLIAM CREAGER and THOMAS CREAGER by occasion of premises and it appearing to the court that the cause of action is liquidated and proved by an instrument of writing it…

 

Remainder of document is obscured by an overlaid document from Clay County. Texas: Office of John T. Craig, Sheriff and Tax Collector, Henrietta, Texas, Jany 25, 1882. Received of J. A. CREAGER the sum of Eight-dollar ($8.00) amount of my fee in Case No. (blank) Tom Scott vs. J. A. Creager, et al.

J. t. Craig, Shff.

Clay Co. Tx.

 

But a subsequent page has the entire Collin Co. page:

 

…is ordered that the clerk do assess the damages sustained by said plaintiff and the said clerk now here having assessed the damages aforesaid at the sum of Four Hundred and seventy seven Dollars it is therefore considered by the court that the said plaintiff do have and recover of the said defendant the sum of Four Hundred and seventy seven dollars with interest thereon at the rate of one percent per month together with all costs in this behalf incurred and that he have his execution and that Execution issue in favor of the officers of the court against each party respectively for the cost by them incurred.

 

G. W. FORD Wednesday Mch. 19th

vs. 1879

DANIEL HERNING Now on this day this cause was dismissed.

 

PAUL HESLEY Wednesday Mch. 19th

vs. 1879

THOS. McGRAW Now on this day this cause was continued for service.

 

 

Page 570

 

LEGGAT & BUTLER Wednesday Mch.

vs. 19th 1879

E. P. ELDRIDGE Now on this day this cause was continued under rule for cost.

 

MARKHAM & ASTON Wednesday Mch.

vs. 19th 1879

ALONZO PEDEN Now on this day this cause was dismissed.

 

J. M. BRYAN Wednesday Mch. 19th 1879

vs. Now on this day this cause was called for trial and the

I. M. SMITH the parties by their attorneys appeared and announced themselves ready for trial a Jury being waived and the matters and things submitted to the court who after hearing the induce argument of counsel gave Judgment against the plaintiff, it is therefore considered by the court that the plff. take nothing in this cause and that the defendant I. M. SMITH have and recover of and from the plff. J. M. BRYAN all cost in this cause incurred and that he have his execution.

 

J. M. BRYAN Wednesday Mch. 19th 1879

vs. Now on this day came on to be heard the motion of

I.M. SMITH J. M. BRYAN plaintiff in the above mentioned cause to retax the costs in this cause and it appearing to the court that said plaintiff has been taxed by the clerk of this court with the costs in the case of J. M. BRYAN vs. G. D. SMITH in the Justice court of Collin County precinct no. 4 and that said costs amounted to the sum…

 

Page 571

 

…of $20.45 and it further appearing to the court that the costs between the claim amt. (?) J. M. SMITH and the plaintiff J. M. BRYAN in said Justice only amts. to the sum of $300 it is ordered that said motion be sustain (sic) and that said I. M. SMITH recover of the plaintiff J. M. BRYAN the sum of 3.00 costs in said Justice court together with the costs in this court and that the sum of $17.45 as heretofore taxed against said plaintiff BRYAN be remitted.

 

HALSTED HAINES & CO. Wednesday

vs. Mch. 19th 1879

H. W. ARDINGER & CO. Now on this day this cause was continued by consent.

 

J. M. STINNETT Wednesday Mch. 19th

vs. 1879

G. W. COFFMAN Now on this day this cause was continued by deft.

 

T. W. WILEY Wednesday Mch.

vs. 19th 1879 Now on this day the defendant has

W. A. HEARD leave to amend.

 

Page 572

 

T. W. WILEY Wednesday Mch.

vs. 19th 1879

W. A. HEARD Now on this day Plff. has leave to amend.

 

T. W. WILEY Wednesday Mch.

vs. 19th 1879

W. A. HEARD Now on this day this cause was continued by plaintiff.

 

 

J. M. STINNETT Wednesday Mch.

vs. 19th 1879

GEO. W. COFFMAN Now on this day came on to be heard the defendants motion to dismiss the appeal in this cause and the matters and things being heard and fully understood by the court it is ordered that the same be overruled to which ruling defendants excepts.

 

MARY H. LOVELL Wednesday Mch.

Guardian 19th 1879

Est. JAMES W. and MARY E. LOVELL minors Now on this day comes MARY H. LOVELL and files her bond for approval as guardian of the Estates of MARY E. LOVELL & JAMES W. LOVELL minors and it appearing to the satisfaction of the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

Ordered that court adjourned until tomorrow morning 9 o’clock.

 

Thursday morning 9 o’clock court…

 

Page 573

 

…met pursuant to adjournment.

 

Est. of Now on this day came on to be heard the application

GEO. WATTS dec. of GEO. A. WILSON administrator of GEO. WATTS dec’d. for the approval of the additional inventory filed by him in said Estate and the matters & things in said inventory being in all things fully understood by the court it is ordered adjudged & decreed by the court that said inventory be received and confirmed in all things except as to the daft (draft?) of two thousand gold dollars due from the Lodge of Odd Fellows at McKinney, Texas to MRS. RACHEL WATTS and to GEO. WATTS dec. it having been shown to the court that said indebtedness was the separate property of the said MRS. RACHEL WATTS it is ordered adjudged and decreed by the court that said debt or clause be stricken from the inventory it is further ordered that said inventory be recorded as the law requires.

 

J. E. HOWELL Wednesday Mch.

vs. 29th 1879 Now on this day came the parties by their

S. L. McBRIDE attorneys and waived a Jury and submitted the matter

JESSE SHAIN (Garnishee) in controversy as well of fact as of law to the court and the evidence and argument of counsel having been heard and fully understood it is ordered adjudged and decreed…

 

Page 574

 

…by the court that the said plaintiff J. E. HOWELL do have and recover of and from the said defendant S. L. McBRIDE the sum of fifty-three & 61/100 Dollars the amount of debt and interest with interest from the date of this Judgment at 12 percent per annum for which he may have his execution and it further decreed by the court that the said plaintiff pay the costs of this suit in this court and that the said Garnishee JESSE SHAIN be discharged with his costs and that execution issue against each party respectively for the cost by them incurred.

 

MARY H. LOVELL Friday Mch.

Guardian 21st 1879

Est. JAMES W. and MARY E. LOVELL minors Now on this day comes MARY H. LOVELL and files her bond as guardian of the Estates of JAMES W. & MARY E. LOVELL minors and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

MARY H. LOVELL Tuesday Mch.

Guardian 18th 1879

Est. JAMES W. and MARY E. LOVELL minors Now on this day came on to be heard the application of MRS. MARY H. LOVELL to be appointed guardian of the Estates of and MARY E. LOVELL minors and it appearing to the court that notice required by law had been given and it further appearing that the mother of said minors had waived the right of said…

 

Page 575

 

…appointed it is ordered that said application be granted and that letters of guardianship issue to her upon her filing a bond in the sum of two Hundred dollars with good and approved security and taking the oath required by law.

 

Ordered that court adjourn until Saturday morning 9 o’clock.

 

Saturday morning 9 o’clock court met pursuant to adjournment.

 

G. C. NUNNELLY Thursday March

vs. 20th 1879

G. M. WATTS Now on this day this cause was continued by plaintiff.

 

HENRY & ANDREWS Thursday Mch.

vs. 20th 1879

JESSE SHAIN Now on this day defendant has leave to file his 1st supplemental answer.

 

HENRY & ANDREWS Thursday Mch.

vs. 20th 1879

JESSE SHAIN Now on this day this cause was continued by the defendant.

 

J. S. STOVALL Friday March 21st

vs. 1879

SINGER MGF. CO. Now on this day this cause came on to be heard and the parties by their attorneys appeared and announced themselves ready for trial and a Jury being waived and the matters and…

 

Page 576

 

…things in controversy was submitted to the court who after hearing the Evidence and argument of counsel gave Judgment in favor of the plaintiff J. S. STOVALL the sum of twenty seven and 85/100 Dollars with interest from date at the rate of 8 % per annum Together with all cost in this cause incurred. And it appearing to the court that this cause was appealed from Justice court precinct no. 1 to this court by the defendant & it further appearing that said defendants executed an appeal bond with G. R. HAVELL as surety in the sum of One Hundred dollars conditioned that the SINGER MANUFACTURING CO shall prosecute its appeal to effect or shall pay & satisfy the Judgment or decree that may be recovered against the obligors in this bond. It is therefore ordered and decreed by the court that the plaintiff J. S. STOVALL do have and recover of and from the SINGER MANUFACTING CO. as principal and G. R. HAVELL as surety the sum of $29.85 together with interest at the rate of 8% per annum & all costs in this cause incurred and that he have his Execution and that execution issue in favor of the officers of the court against each party respectively for the cost by them in this cause incurred.

 

Page 577

 

R. V. TOMPKINS & CO. Friday Mch.

vs. 21st 1879

J. M. STINNET admr. Now on this day this cause was dismissed at the cost

Est. J. A. STINNET dec. of the defendant.

 

J. K. P. LANGHAM Monday

Guardian Mch. 17th

Est. Wm. LANGHAM et als. Minors 1879

Now on this day this cause [came] on to be heard the report of J. K. P. LANGHAM of the condition of the Estate of Wm. LANGHAM et als minors and it appearing to the court that notice required by law had been given & it appearing to the court that the same is in all things correct it is ordered that the same be approved except up to interest on money and recorded.

 

S. BOWLBY

Gdn. Now on this day this cause was continued.

Est. IDA CRUTCHFIELD a minor

 

I.P. HOWARD Friday Mch. 21st 1879

admr. Now on this day came on to be heard the report of

Est. E. P. HOWARD I. P. HOWARD administrator of the Estate of E. P. HOWARD deceased and it appearing to the court that the notice has been given as the law requires and that the same is in all things correct it is ordered that the same be approved and recorded.

 

W. A. WALLACE Monday Mch. 27th 1879

vs. Now on this day this cause was dismissed.

Est. ERAN WALLACE dec.

 

Page 578

 

Ordered that court adjourn until Monday morning 9 o’clock.

 

Monday March 24th 1879 court met pursuant to adjournment.

 

J. W. BAINES Tuesday March 18th

admr. 1879 Now on this day comes JOS. W. BAINES

Est. Wm. RECER admr. [of the] Est. of Wm. REESER (sic) deceased and files his report of sale of land belonging to said Estate, and it appearing to the court that the same has to lay over 5 days it is ordered that the same be noted on the minutes.

 

J. W. BAINES Tuesday March 18th

admr. 1879

Est. Wm. REESER dec. Now on this day come JOSEPH W. BAINES administrator of the Estate of Wm. REESER deceased and files his report of the sale of land belonging to said Estate to wit 164 ¾ acres in Collin County in NORRIS AUSTIN and W. R. WATKINS surveys sold to E. F. BROWN for the sum of four & 65/100 Dollars. And it appearing to the court that said land did not sell for its reasonable value it is ordered that said sale be disapproved and J. W. BAINES administrator aforesaid proceed to sell said land again on credit half due in 6 mos. And half due in twelve months with interest at 10% from confirmation of sale and that he report his action at the next term of this court.

 

Page 579

 

G. A. WILSON Friday March 21st

Guardian 1879 Now on this day comes G. A. WILSON Gdn.

Est. MARTHA E. WATTS, a minor of the Est. of MARTHA E. WATTS a minor and files an inventory of all property belonging to said Estate and it appearing to the Court that the same is a full and complete inventory of all property belonging to said Estate it is ordered that the same be approved and recorded.

 

G. A. WILSON Friday March 21st 1879

Guardian Now on this day comes G. A. WILSON guardian of

Est. JAMES WATTS deceased the Estate of JAMES WATTS deceased and files an inventory of all property belonging to said Estate and it appearing to the court that the same contains a complete and full inventory of all property belonging to said Estate it is ordered that the same be approved and recorded.

 

G. A. WILSON Friday March 21st 1879

Guardian Now on this day comes G. A. WILSON guardian of

Est. GEO. WATTS a minor the Estate of GEORGE WATTS and files an inventory of all property belonging to said Estate and it appearing to the court that the same contains a full & complete list of all property belonging to said Estate it is ordered that the same be approved and recorded.

 

G. A. WILSON Friday March 21st 1879

Guardian Now on this day comes G. A. WILSON guardian of

Est. JANEE WATTS a minor the Estate of JANEE WATTS

 

Page 580

 

Guardian of the Est. of JANEE WATTS a minor and files an inventory of all property belonging to said Estate and it appearing to the court that the same contains a full and complete list of all property belonging to said Estate it is ordered that the same be approved and recorded.

 

GEO. A. WILSON Friday March 21st

Gdn. 1879 Now on this day comes GEO. A. WILSON

Est. JOHN WATTS a minor Gdn. Of the Est. of JOHN WATTS a minor and files an inventory of the property belonging to the estate of said minor and it appearing to the court that the same is in all things correct it is ordered that the same be approved and recorded.

 

GEO. A. WILSON Friday March 21st

Gdn. 1879 Now on this day comes GEO. A. WILSON

Est. LAURA WATTS a minor Gdn. Of the Est. of JOHN WATTS a minor and files an inventory of the property belonging to the estate of said minor and it appearing to the court that the same is in all things correct it is ordered that the same be approved and recorded.

 

A.S. GRIMES Saturday Mch. 22nd 1879

Guardian Now on this day comes A. S. GRIMES Guardian of

Est. L. M. TUCKER a minor the Estate of L. M. TUCKER a minor and files his receipt showing all the Estate in his hands disposed of, it is therefore ordered by the court that said Guardian be discharged from his trust & the guardianship closed.

 

Page 581

 

W. D. CHAPMAN Monday Mch. 24th

admr. 1879 Now on this day comes W. D. CHAPMAN admr.

Est. D. D. GRAHAM dec. of the Estate of D. D. GRAHAM dec. and files his bond as such for approval and it appearing to the court that the same is a good and solvent bond it is ordered that the same be approved and recorded.

 

W. D. CHAPMAN Monday Mch. 24th

admr. 1879 Now on this day comes W. D. CHAPMAN admr.

Est. D. D. GRAHAM dec. [of the] Est. [of] D. D. GRAHAM and files an inventory & appraisement of all property belonging to said Estate and it appearing to the court that the same is a full and complete list of all property belonging to said Estate and is a fair valuation of the same it is ordered that the same be approved and recorded.

 

THOS. SPIVEY Monday March 24th

surviving husband 1879 Now on this day comes THOS. SPIVEY and

EMILY SPIVEY dec. files an inventory and appraisement of all property belonging to himself and his deceased wife and it appearing to the court that the same is a full & complete list of all property belonging to said estate and is a fair valuation of the same it is ordered approved and recorded.

 

M. A. TAYLOR

vs.

S. C. ANDERSON Be it remembered that on the 22nd day of Mch. A. D. 1879 came on to be considered the Exceptions of defendant to petition…

 

Page 582

 

…of plaintiff and then upon plaintiff moved the court for leave to have the clerk of this court file the petition and it appearing to the satisfaction of the court that this petition was Filed Feby. 21st 1879 and the Clerk failed to Sign the file mark it is ordered by the court that the clerk of this court be and he is hereby directed to file the petition as of said date and thereupon the court having considered the Exception of defendant to plaintiffs petition because the same was not endorsed original petition it is ordered that the Exception be sustained and plaintiff have leave to file a trial amendment.

 

M. A. TAYLOR Be it remembered that on this 22nd day of March 1879

vs. came on to be considered the general demurrer of

S. C. ANDERSON defendants to plaintiffs petition and his special Exceptions to plaintiffs trial amendment and after argument of counsel and the court being satisfied from a personal Examination that the said trial amendment had been signed by counsel and afterward entered (?) and resigned in same place in difference in ink and said counsel then and there appearing in behalf of said trial amendment it is ordered that defendant’s demurrer to petition and his special exceptions to plaintiff trial amendment be and they are hereby overruled to which ruling defendant there and then Excepted and there upon the matters and things in this…

 

Page 583

 

…cause both of law and of fact having been submitted to the court and having considered the same it is ordered by the court that plaintiff M. A. TAYLOR do have and recover of S. C. ANDERSON the sum of Four Hundred and thirty Eight & 08/100 Dollars and all costs of suit and that he have his Execution and it appearing to the court that M. A. TAYLOR as principal and J. M. MORPHIS and JOHN RICHARDS as suretys (sic) entered into a bond in the sum of twenty five Dollars payable to the officers of the court for all cost accrued in this cause. It is therefore ordered by the court that Execution issue in favor of the officers of the court that each party respectively for the coast by them in this behalf accrued.

 

LEGGAT & BUTLER

vs. Now on this day comes J. M. BENGE county clerk to

E. P. ELDRIDGE require Plffs. in this cause to file bond for cost & the matters and things set forth in said petition being heard & fully understood by the court it is ordered that the same be granted.

 

HALSTED HARRIS & CO. Now on this day comes J. M. BENGE county clerk

vs. and files a motion for the court to require plffs. to

H. W. ARDINGER & CO. security for cost in this cause & the matters & things set forth in said motion being heard & fully understood by the court it is ordered that the same be sustained.

 

Page 584

 

G. C. NUNNELLY Wednesday Mch.

vs. 19th 1879 Now on this day comes the defendants and

G. M. WATTS & ATLAS WORKS files motion to quash the appeal bond filed in this case & the matters and things set forth in said motion being heard and fully understood by the court it is ordered that the same be sustained.

 

G. C. NUNNELLY Wednesday Mch.

vs. 19th 1879 Now on this day comes the Plff. by attorney

G. M. WATTS & ATLAS WORKS and moves the court for leave to substitute a new bond in this cause and the matters and things set forth in said motion being heard and fully understood by the court it is ordered that the same be sustained.

 

HENRY & ANDERSON Thursday Mch. 20th

vs. 1879. Now on this day comes Plffs. by atty. and

JESSE SHAIN moves the court to suppress the deposition of T. C. YANTIS (YUNTIS?) in this cause and the matters and things being heard and fully understood by the court it is ordered that the same be sustained.

 

J. S. STOVALL Monday Mch. 24th

vs. 1879. Now on this day comes the defendant by

SINGER SEWING MACHINE CO. attorney and moves the court to grant them a new trial in this cause and the matters and things set forth in said motion being heard & understood by the court it is ordered that the same be overruled.

 

Page 585

 

JESSE SHAIN Wednesday Mch. 29th (?)

vs. 1879

S. L. McBRIDE Now on this day came the parties by their attorneys and moves the court to consider (?) this cause with the case of J. E. HOWELL vs. S. L. McBRIDE and the matters and things contained in said motion being heard and fully understood by the court it is ordered that the same be overruled.

 

J. W. HOWELL Monday Mch. 24th 1879.

vs. Now on this day this cause was continued by

A.W. SHORT operation of law as to W. R. SHORT and W. W. JOHNSON & with alias citation to Denton Co.

 

 

LIZZIE LEE Monday Mch.

vs. 17th 1879. Now on this day comes LIZZIE LEE and

Est. MINNIE MAROSKI and files her application for the probate of the last will and testament of MINNIE MAROSKI deceased and said will being read in open court and it appearing to the court that notice of said application having been given according to law and it further appearing to the satisfaction of the court that MINNIE MAROSKI is dead and R. M. DAUGHERTY one of the subscribing…

 

Page 586

 

… witnesses to said will coming into open court and being sworn says that MINNIE MAROSKI will on the 23rd day of November 1878, being at the time of sound mind and in the presents (sic) of affiant caused T. M. CLEMENT by her direction to sign the will in her presence and in the presence of affiant and that said deceased signed said will in the presence of T. M. CLEMENT and affiant and caused them to sign their names as witnesses and that said deceased was over the age of 21 years and that he and said CLEMENT were over the age of 14 years and it is therefore ordered and decreed by the court that said application be granted and that said will be admitted to probate and the provisions thereof confirmed and that LIZZIE LEE be appointed Executor of said Estate and that she file an inventory and appraisement of all property belonging to said Estate and that said will be recorded.

 

J. M. HODGES Friday March 21st

admr. 1879. Now on this day comes on to be hear the

Est. L. P. HODGES deceased application of J. M. HODGES administrator of the Estate of L. P. HODGES deceased for an allowance to the minor heirs of said decedent to wit ELIZA, MISSOURI and JOHN W. HODGES and that the matters and things contained in said application being heard and fully understood by the court it is ordered that the said…

 

Page 587

 

…be granted and the administrator is hereby authorized to furnished said minors such necessaries of life as they may need not to exceed $100.00 for one year.

 

J. M. HODGES Friday March 21st

admr. 1879. Now on this day comes on to be hear the

Est. L. P. HODGES dec. application of J. M. HODGES administrator of the Estate of L. P. HODGES deceased and moves the court to set aside for the benefit of the minor children of intestate, ELIZA, MISSOURI and JOHN W. HODGES all the articles found in Kind amongst the Estate exempt by law from forced sale. Ordered by the court that the same be granted and that all property belonging to the Estate in kind be set aside to the use and benefit of said minor children.

 

J. M. HODGES Friday March 21st

admr. 1879. Now on this day comes on to be hear the

Est. L. P. HODGES dec. application of J. M. HODGES administrator of the Est. [of] L. P. HODGES deceased and asks the court to authorize him to sell all the personal property belonging to the intestate not exempt from forced sale at private sale on a credit of six months and it appearing to the court that it is necessary to sell said personal property to pay off debts against said Estate it is ordered that the same be granted & that that admr. proceed to sell said personal property to the highest bidder on a credit of twelve months.

 

Page 588

 

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

 

Tuesday March 25th 1879 court met pursuant to adjournment.

 

Ordered that court adjourn until Saturday morning 9 o’clock.

 

Saturday morning March 29th 1879 court met pursuant to adjournment.

 

W. D. CHAPMAN Saturday Mch. 29th

administrator 1879. Now on this day comes W. D. CHAPMAN

Est. D. D. GRAHAM dec. [of the] Est. [of] D. D. GRAHAM dec. and files his application for an allowance of Fifty Dollars for the purpose of purchasing a tombstone for the grave of said deceased and the matters contained in said application being understood by the court it is ordered that the same be granted.

 

Clerk’s Report

 

Now on this day comes J. M. BENGE county clerk and report he names of all persons who have served as Jurors at the present terms of this court the no. of days served by each and the amount due each and the amt. of money collect and disbursed by him since his last report.

 

Names of Jurors

No. of days

Amt. due each

J. R. CUMMINGS

3

$6.00

J. R. BLACK

3

$6.00

R. S. CRIM

3

$6.00

T. T. BRADLY

3

$6.00

 

Received since my last report Jury fee in case of……. G. C. NUNNELLY

vs.

GE0. WATTS…..…………………………………………$3.00

 

Page 589

 

Jury fee in case of…………………………………………J. M. STINNETT

vs.

G. W. COFFMAN………………………….…………….....$3.00


Fine in case of …………………………………………….State of Texas

vs.

ALEX LINSEY……………………………………….…….....5.00

Amt. on hand last report…………………………………………………………………………………………..………...8.90

$19.90

Paid Jurors ½ amt. due them…………………………………………………………………………………….………$12.00

and issued draft on Co. Treasurer………………………………………………………………………………..……….$7.90

for a balance—leaving a balance on hand of $7.90—all of which is resply. Submitted—J. M. BENGE, Clerk.

And it appearing to the court that the same is in all things correct it is ordered that the same be approved.

 

H. H. FINLEY Saturday Mch.

admr. 29th 1879. Now on this day came on to be heard

Est. SAMPSON FINLEY dec. the report of G. W. CAMERON, J. D. PAGE & T. B. WILSON commissioners of partition appointed by this court at a former day of this term and it appearing to the court from said report that the after mentioned land cannot be divided fairly justly and equally in kind among the heirs of said SAMPSON FINLEY deceased and it further appearing to the court that said commissioners do value and appraise said land at $5.00 per acre and they recommend that the same be sold in order to partition the money among the heirs of said Estate and it further appearing to the court that offer has been made at the present term of this court to any or either of the said…

 

Page 590

 

…heirs allowing them to take said land at its appraised value and none of said heirs having accepted said offer it is ordered adjudged and decreed that the said commissioners report be in all things approved and that said commissioners be discharged and that H. H. FINLEY administrator of the Estate of SAMPSON FINLEY deceased to sell the following described land at private sale for cash x 12 months credit taking note & good personal security for the purchase money and taking mortgage on the land to secure the payment of the purchase money x said land described as follows to wit 15 acres of land in the B. TEAL survey situated in Denton County Texas and 5 acres of land in the KENEDY survey situated in Collin County Texas belonging to the Estate of SAMPSON FINLEY dec. and that said administrator report his action under this decree at the future term of this court.

 

In Re Saturday March 29th

JACOB CLARK 1879.

a Lunatic Information in writing having been given me T. C. GOODSON County Judge of Collin County that JACOB CLARK is a lunatic and that the welfare of himself and others require that he be place under restraint. I therefore on the 29th day of March 1879 caused the said JACOB CLARK to be brought before me and twelve good and competent Jurors to be summoned and sworn that each of you do solemnly swear that upon the issues about to…

 

Page 591

 

…be submitted to you in the matter of the State of Texas against JACOB CLARK you infe (infer?) a true verdict render according to the evidence so help you God and who upon hearing the evidence returned into court the following answers as the verdict to the special issues submitted to them by the court, 1st Is JACOB CLARK of unsound mind? ans. he is

2nd. If the defendant is of unsound mind, is it necessary that he should be place under restraint? ans. It is.

3rd. If you answer both of the foregoing questions in the affirmative then what is the age and nativity of the defendant, ans. Age 22—nativity state of VA.

4th How many attacks of insanity has he had & how long has the present attack existed—ans. he has been affected about 3 years & the present attack has lasted about a week.

5th. Is insanity hereditary in the family of defendant or not. ans. It is.

6th. Is the defendant possessed of any Estate and if so of what does it consist, its Estimated value. He is possessed of none.

7th. If the defendant is possessed of no Estate are there any person liable for his support if yes name them. ans. Yes, his father, J. F. CLARK. J. H. LOVEJOY Foreman.

It is therefore ordered by the court that said JACOB CLARK be placed in the hands of the sheriff of Collin County to be by him place under restraint until information can…

 

Page 592

 

…be had from the superintendant of the state Lunatic Asylum at Austin as to whether he can take him in or not as a patient in said institution.

 

Ordered that court adjourn until Tuesday morning 9 o’clock.

 

Tuesday April 1st 1879 court met pursuant to adjournment.

 

JESSE SHAIN Tuesday March 25th 1879

vs. Now on this day the cause came on to be heard and

S. L. McBRIDE the parties by their attorneys appeared and announced themselves ready for trial and the matters and things submitted to the court who after hearing the argument of counsel gave Judgment for the defendant. It is therefore considered by the court that the injunction be desolved [dissolved?] and that this cause be dismissed and (?) that each party pay half of the costs and that execution issue against each party respectively for the cost by them in this behalf incurred.

 

G. A. WILSON Saturday Mch. 22nd 1879. Now on this day comes

admr. G. A. WILSON admr. of the Est. of ORAN HOWELL

Est. ORAN HOWELL dec’d. deceased and report that he has been unable to sell said (?) land belonging to said Estate in conformity with an order of this court & asks for an extension of time. Ordered by the court that the same be granted.

 

THOS. SPIVEY Monday Mch. 24th 1879. Now on this day comes

surviving husband THOS. SPIVEY by attorneys and asks the court for

EMILY SPIVEY for an order appointing J. M. SALMONS, W. S. TURNER and J. M. SALMONS appraisers of the community property of THOS. SPIVEY and EMILY SPIVEY his deceased wife and it appearing to the court that the said order was made at a former term of this court and…

 

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