Collin County Probate Minutes D

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State of Texas

Collin County Be it remembered that there was begun and holden at the Court House in the City of McKinney on Monday Sept. 15th 1879 (it being the 3rd Monday thereof in the regular term of the County Court of Collin County for civil and probate business present and presiding Hon. T. C. Goodner Co. Judge Wms. Warden sheriff and Jno. Benge Co. clerk when the following proceedings were had to wit:


[in margin: “Final Report”]


M. ASHLOCK Monday September 15th 1879.

Guardian

Est. O. SULLIVAN Now on this day comes M. ASHLOCK Guardian of the Estate of O. SULLIVAN a minor and files his final report of the condition of said condition of said Estate & his application to be discharged and it appearing to the Court that notice required by law has been given and that said report it is in all things correct and it appearing that said Estate has been fully administered and that said ward is now twenty one years of age, it is therefore ordered by the Court that said that said report be in all things approved and guardian discharged from his trusts upon his filing proper vouchers showing all the Estate in his hands disposed of.



(Written in margin: “application for administration”)


JOHN CHURCH Monday September

vs. 15th 1879

Est. R. D. BUMPASS Decd. Now on this day comes

on to be heard the application of JOHN CHURCH to be appointed administrator of the Estate of R. D. BUMPASS deceased and it appearing to the Court that notice required by law has been given and no (?) opposition being filed it is ordered by the Court that the same be granted and that letters of administration issue to him upon his filing a good and solvent bond in the sum of Seven thousand Dollars and take the oath prescribed by law.




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JOHN CHURCH Monday September

admr. 15th 1879

Est. R. D. BUMPASS Ordered by the Court that

Dec. H. CARVEY (?), E. STRIPLIN and ED BENTMAN (?) be appointed to appraise the property belonging to the Estate of R. D. BUMPASS dec.


Est. of R. D. BUMPSS decd.


The State of Texas To the County Court

Collin County of Collin County September

In the Estate of term A. D. 1879

R. D. BUMPASS Dec. To the Honorable T. C. Goodner

County Judge of Collin County.

Your petitioner JOHN CHURCH a resident citizen of Collin County Texas and I respectfully represent and show that R. D. BUMPASS departed this life in Collin County Texas on or about the 16th day of January A. D. 1879 having a last will & testament appointing THOS H. BUMPASS his Executor under said will. That the principal part of the property of deceased in Collin County Texas that the said THOS. H. BUMPASS failed to justify (?) as such Executor but applied for and was granted temporary letters of administration at the March term 1879 of your honors court that no further action was taken by the said Executor and it became necessary for immediate charge to be taken of some perishable property and your petnr. (petitioner?) at the July term 1879 of your honors county applied for & was granted temporary letters of administration which letters expired on the first day of the present term. That at the time of the death of the said R. D. BUMPASS he was possessed of real & personal property of the value of $3500.00 and the estate of the said R. D. BUMPASS was there & still is indebted to various persons in the sum of about $1400.00. Petitioner would further show that the children of said deceased & his nearer relations have refused to administer on said Estate & have requested you petitioner to administer the same.

Wherefore, your petitioner prays that he be appointed administrator with the will annexed of the estate of the said R. D. BUMPASS deceased…




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JOHN CHURCH


Filed August 27th 1879 J. M. Benge Clerk


[in margin: “Will”]


In the name of God amen. I, ROBERT D. BUMPASS of the County of Collin and State of Texas being of sound and disposing mind and Knowing it is appointed that all men once to die do make this my last will and testament.


First

I give to my beloved wife NANCY M. BUMPASS my whole Estate or as much thereof as she may want during her during her life and at her death I want my debts paid and money due me collected and all my Estate disposed of in the following manner. I want my son ROBERT’S children, MARY LAURISSA (?) and Wm. to have one hundred and fifty dollars jointly and my daughter ELIZABETH HALLOWAY’S children MARGARET and JOHN to have one hundred and forty dollars jointly I want my son WILLIAM A. BUMPASS to have one hundred and forty dollars this hundred and forty dollars to the above named grand children and son is to equalize the distribution already made between all my children.


Second

I give to my son WILLIAM A. BUMPASS Five hundred dollars which is to lend out on interest with land security-and managed and controlled by my Executors they to supply him from time to time with which he may need.


Third. The balance of my Estate to be equally divided between my lawful heirs except my son Wm. A. BUMPASS provided for above, the children of ROBERT and ELIZABETH to have their parents share and should the portion of each legatee exceed the five hundred dollars given to Wm. A. BUMPASS then he is to have enough over the five hundred dollars to make him equal with the rest of my heirs. In order to carry out this my last will or enable my Executors to do so, I want them to sell to the highest bidder all my real and personal property according to law. I appoint my sons JAMES and JOHN Executors to this my last will and testament. In witness whereof I handset my hand…




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and seal this 5th day of October 1872.

R. D. BUMPASS seal


Teste

R. MURCHISON

H. M. MARKHAM


[written margin “Codicil”]


Codicil


I hereby revoke so much of the foregoing of this my last will as relates to the appointment of Executors and appoint instead my son THOS. K. BUMPASS. Given under my hand and seal this 18th day of October 1876.

his

R. D. X BUMPASS

mark


Witness

HENRY CARVER

L. B. SMITH


I, R. M. MARKHAM being duly sworn says that he and R. MURCHISON attested the instrument propounded (?) as the last will and testament of R. D. BUMPASS of date 5th day of October A. D. 1872 at the request of and in the presence of the said BUMPASS and the deponent (?) and said MURCHISON saw the said BUMPASS sign said instrument, deponent further says that at the time said BUMPASS sign the same he was of sound mind and memory and that deponent & said MURCHISON were over the age of twenty one years, deponent further says that the said R. D. BUMPASS departed this life in Collin County Texas on or about the 16th day of January last and that the principal part of his Estate is situated in said county.

H. M. MARKHAM


Sworn & subscribed to before me in open court March 17, 1879.

J. M. Benge Clerk

Co. Court Collin Co. Texas


[written in margin: “Proof to Codicil”]



HENRY CARVER sworn deposed and says that he and L. B. SMITH at the request of and in the presence of R. D. BUMPASS signed a codicil of the 18TH day of October 1876 to an instrument propounded as the last will and testament of said BUMPASS and that deponent and said SMITH saw said BUMPASS sign said codicil, that at the time said BUMPASS signed the same he was over twenty one years old and was of sound mind and that deponent & said SMITH was at that time each over…




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the age of twenty one years.

HENRY CARVER


Sworn to and subscribed before me in open court March 17lth 1879.

J. M. Benge Clerk

Co. Court Collin Co. Texas


[written in margin: Report]


T. H. BUMPASS Monday September 15th

Admr. Pro temp 1879

Est. R. D. BUMPASS Now on this day comes T. H. BUMPASS administrator pro tem of the Estate of R. D. BUMPASS deceased and files an account of the condition of said state and prays the Court to be discharged from his trust. And it appearing to the Court that notice required by law has been given & that the report is correct in all things it is ordered that the same be approved and administrator pro tem be discharged from his trust.



[written in margin: “Order of sale”]


J. J. STRAIN [SHAIN?] Monday Sept. 15th 1879

admr. Now on this day came on

Est. J. E. COX dec. to be heard the application of J. J. STRAIN admr. of the Estate of J. E. COX dec. to sell the land belonging to his intestate & it appearing to the court that the notice required by law has been given & the Court being fully advised in the premises doth order adjudge & decree that the following land belonging to said Estate be sold separately & at private sale on a credit of six & twelve months one half in six months & the other half in twelve months the purchasers giving bond with approved security, with interest at the rate of ten percent per annum from date of sale. The above land is more particularly designated as Six & 23/100 more or less in the G. W. GUNNELS survey in Collin County Texas & formerly the mill & gin tract of J. E. COX deceased. Beginning at JAMES M. GATES North west corner Thence West 6 chains Thence S. 3° 30° East 11 22/100 chins Thence East 5 25/100 chains to said GATES west line. Thence north 2° East with said GATES west line. Thence North 2° East with said GATES west line 11 chains to the beginning. It is further ordered and decreed that all the balance of the real Estate belonging to said Estate of said J. E. COX decd. be sold at private sale & in such parcels or subdimenstions as may be best for the interest of the Estate& on a…




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credit not exceeding twelve months the purchasers giving bond with approved security and it is further ordered that if after a reasonable time administrator is not able to effect a good sale that he rent said land or any part of it not sold privately & on a credit not exceeding twelve months & for a certain specified money rent, said renters to give bond until approved security.



[in margin: “order correcting inventory”]


J. J. STRAIN Monday September 15th 1879

admr.

J. E. COX dec. Now on this day came on to the heard the petition of J. J. STRAIN admr. of the Estate of J. E. COX dec. to correct the appraisement filed in this Court on the 2nd day of June A. D. 1879 & it appearing to the satisfaction of the Court that said appraisement is erroneous in showing twelve head of stock cattle belonging to the estate of J. E. COX dec. when in truth & fact only two (?) head of stock cattle, belonged to said Estate & the Court being fully advised in the premises doth ordered [order] adjudged & decreed that the prayer of petitioner be granted & that the record be amended & corrected so as to show the administrator chargeable into only ten head of stock cattle instead of twelve head as shown by said appraisement.


[written in margin-Order for an allowance]


J. J. STRAIN Monday September 15th 1879

Admr. Ordered by the Court that

Est. J. E. COX dec. the administrator pay to ELIZABETH COX the widow of J. E. COX dec. 15th the widow of J. E. COX.dec. 150$ as allowance for one year’s support of herself & four minor children out of any money in his hands from the sale of corps & cotton raised on the place of J. E. COX dec. in year 1879.


[written in margin “notice of filing”]


J. J. STARAIN Monday September 15th 1879

Admr. Now on this day comes J. J.

Est. J. E. COX dec. STRAIN admr. of the Estate of J. E. COX dec and files his report of the sale of real estate belonging to the said Estate.

Ordered by the Court that the same be noted on the minutes for five days.



[written in margin: “Report-order approving”]



JOHN CHURCH Monday September 15th 1879

admr. pro tem 15th 1879. Now on this day comes…

Est. R. D. BUMPESS dec. Now on this day comes…




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[written in margin: “Report order[ing] approving”]


comes JOHN CHURCH administrator of the Estate of R. D. BUMPASS dec. and files his report of the condition of said Estate, for appraisal and it appearing to the satisfaction of the Court that the same is in all things correct it is ordered that the same be approved and recorded.


[written in margin: “Report”]


State of Texas In County Court September

Collin County term A. D. 1879

In the Estate of To the Honl. T. C. Goodner

R. D. BUMPASS Co. Judge of Collin County

dec. JOHN CHURCH admr. pro term of the Estate of R. D. BUMPASS dec. respectfully submits the following report & begs that he be discharged.


1879 Dr.

Aug. 23rd Recd. from Wilkinson & Harrison for corn (compensation?) as per

their stateman (statement?) attached $33.10

Sept. 1

Recd. from T. H. BUMPASS former admr.pro tem

Bal. in his hands as per report of record 18.25

$51.35


Cr.


Aug. 23 Paid Newsome & son on (?) a/c [account] merchant $13.53

Sept. 6 Paid Smith & Bumpass for hauling corn

voucher no. 2 12.00

Sept. 9 Neathery & Bumpass pr___?

voucher no. 3 21.00

Rent fees on recd. $51.25 at 5% 2.55

Rent fee on paying 46.00 2.30

$51.38


The foregoing contains a correct & full statement of all matters attended to by me except that 10.00 are due for work on fence & rails for same. I am unable to sell any of the stock mentioned in my appointment or to dispose of the oats on fair terms & they still remain unsold.

JOHN CHURCH

admr. pro tem


Sworn to & subscribed before me this 13th day of Sept. A. D. 1879.

J. M. Benge clk.

By P. Walton Depy.

Filed Sept. 15th 1879.

J. M. Benge clk.

By P. Walton Depy.




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[written in margin: “Order approving Report”]


J. M. TUCKER Monday September 15th

admr. 1879

Est. H. H. TUCKER Now on this day comes

dec. J. M. TUCKER administrator of the Estate of H. H. TUCKER deceased and files his report of the condition of said Estate for approval and it appearing to the satisfaction of the Court that the same is in all things correct it is ordered that the same be approved and recorded.


Now comes J. M. TUCKER admr. of the Estate of H. H. TUCKER dec. & begs leave to make the following report of the condition of said Estate.

Reporter would represent that he has collected for partition among the heirs the sum of 4317.22$ report filed March 11th 1879 and the sum of $819.76 report filed July 10—1879 making in the aggregate the sum of $5136.98 that the widow is entitled & has received ½. 2568 40/100 that there are eight children entitled to equal shares in the other one half, each $321.06, that reporter has paid to B. F. TUCKER the sum of $739.97 making the sum of 418.00 more than his prorate (portion?) & herewith files a release from the remainder of the heirs for that amt.


Amt. partitioned


Report Filed July 10—79


$819.76

Paid MRS. E. TUCKER

v. 1

1409.99

Paid W. L. TUCKER

v. 2

58.55 3/4

Paid S. A. TUCKER

v. 3

58.55 3/4

Paid J. D. TUCKER

v. 4

58.55 3/4

Paid G. H. TUCKER

v. 5

58.55 3/4

Paid L. M. TUCKER

v. 6

58.55 3/4

Paid W. E. GRAVES

v. 7

58.55 3/4


Reporter one share

58.55 3/4


Total amt.

$819.76


Reporter asks that the above be approved which is all the money in his hands ready for partition.


J. M. TUCKER

administrator


Sworn to & subscribed to before me Sept. 6th 1879.

J. M. Benge Clerk


Filed Sept. 6th 1879.

J. M. Benge Clerk




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[written in margin:”order approving bond”]


JOHN HANILL (?) Monday September 10th

Guardian 1879

Est. JOHN F. HAVILL Now on this day comes

JOHN HAVILL Guardian of the Estate of JOHN F. HAVILL a minor and files his bond as such for approval 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.


[written in margin: “Bond”]


The State of Texas

Collin County Know all men by these presents [sic] that we JOHN HAVILL as principal and W. C. STANDFORD & E. N. McAULAY as sureties are held and firmly bond with the County Judge of Collin Co. and his successors in office in the sum of twelve hundred dollars for the payment of which well and truly to be made we bind ourselves our heirs Executors & administrators signed and dated this Sept. (blank) A. D. 1879. The condition of the above obligation is such that whereas the above bound JOHN HAVILL has been appointed by the County Judge of Collin Co. guardian of the person and Estate of FRANKLIN HAVILL a minor of said county. Now should the said JOHN HAVILL faithfully discharge the duties of guardian of the person & Estate of such minor according to law then this obligation to be void. Witness our hands.

his

JOHN X HAVILL

mark

W. D. STANDFORD

E. N. McAUALY


Filed Sept. 13th 1879.

J. M. Benge Clerk

By P. Walton Dpy.


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


Tuesday September 15th 1879. Court met pursuant to adjournment.



W. L. CAMPBELL Monday September

vs. 15th 1879. Now on

Est. JACOB ROUTH this day comes W. L.

Dec. CAMPBELL and presents

his application for the probate of the last…




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[written in margin: “Order Probating will”]


will and testament of JACOB ROUTH deceased and said will being read in open court and it appearing that W. L. CAMPBELL was appointed Executor of said will and it appearing to the satisfaction of the Court that JACOB ROUTH is dead and GEO. W. SMITH one of the subscribing witnesses to said will coming into open court and being sworn says that JACOB ROUTH on the 3rd day of March 1879 being at the time of sound mind and in the presence of official counsel JAMES PATTERSON & affiant by his directions to sign the within and foregoing will as witnesses in his presence & in the presence affiant and that deceased signed said will in the presence of himself and said JAMES PATTERSON as witnesses and that said deceased was over the age of twenty one years and that he and the said JAMES PATTERSON was 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 decreed by this Court that said prayer be granted and that said will be admitted to probate and the premises therein be confirmed and that the said W. L. CAMPBELL be appointed Executor of said Estate and that he file an inventory of said Estate and take the oath prescribed by law but that he [not] be required to file or give no bond herein and that no further proceedings be had in this Court herein.


[written in margin: “application Probate of will”]


State of Texas To the County Court of said

Collin County County

W. L. CAMPBELL who resides in Dallas County would represent that on the 30th day of April 1879 JACOB ROUTH died in Collin County this state leaving a will by the terms of which he appointed your petitioner Executor of the same & provided that no action be had in the courts of this country except the probate of said will & the return of an inventory leaving an estate of the value of about twelve thousand Dollars that there are some notes due said Estate wherefore he prays that said will be admitted to probate & he confirmed as Executor of the same said will…




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herewith filed marked Ex. A & made a part of this application.


M. L. CAMPBELL


Filed September 3rd 1879.

J. M. Benge


[written in margin:”order appointed appraisers”]


M. L. CAMPBELL Monday September 15th

Ext. 1979.

Est. JACOB ROUTH Ordered by the Court

Dec. that P. H. LYLES, L. W. OGLESBY and J. K. ALDRIDGE be appointed to appraise and value the property belonging to the Estate of JACOB ROUTH.


[written in margin: “citation”]


The State of Texas

To the Sheriff or Constable of Collin County Greeting. You are hereby commanded to cause to be posted on three of the most public places in your county one of which shall be at the Court House door copies of the following notice.


Notice of Administration


State of Texas

County of Collin To all persons interested in the administration of the Estate of JACOB ROUTH dec. W. L. CAMPBELL has filed in the county court of Collin County an application to probate the last will of JACOB ROUTH decd. which will be heard at the next term of said Court commencing on the 3rd Monday of September 1879 at the Court House thereof in the City of McKinney at which time all persons interested in said Estate may appear and contest said application if they see proper. Witness J. M. Benge

L. S. Clerk of and the seal thereof at office in the City of McKinney this 3rd day of September 1879.

J. M. Benge Clerk

County court Collin Co.

By P. Walton D. C.


Came to hand Sept. 3rd 1879 and executed same day by posting a copy of this notice in three public places in Collin County one of which was at the Court house door.

Wms. Warden

Sheriff

By Jas. W. Waddill

Depty.




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[written in margin: “Will”]


State of Texas I, JACOB ROUTH of the County of Collin state

County of Collin of Texas make this my last will. I give devise and bequeath my Estate and property real and personal as follows:

I will to my daughter VIRGINIA BARROW (?) one Hundred and twenty three acres of land out of the THOMAS VANCE survey deeded to her on 24th Febry. 1879 valued at (10$) Fifteen dollars per acre, one mule valued at One Hundred dollars, one milk cow valued at Eighteen dollars. I have given to her Fifty dollars in cash also one feather-bed valued at twenty dollars.

I give to my daughter JULIA HAVELL one Hundred and twenty acres of land out of the THOMAS VANCE survey deeded to her on 24th Febry 1879 valued at Fifteen dollars per acre. I have given her two horses valued at One Hundred and sixty five Dollars, one milk cow valued at Fifteen dollars, Fifty-five dollars in cash and one feather bed valued at twenty Dollars.

I give to my daughters EMMA and EFFIE the SEABOURN and CLEMENTS survey 6 ½ miles sw of McKinney containing 320 acres to be equally divided between these in such manner as each may have both timber and prairie to be valued at the selling price of land in the neighborhood in which it is located and not at the selling price of land at forced sale said land to go into their possession and be valued as soon as they become of age.

I will to my daughters FLORENCE and ROSA the LEWIS MARSHALL survey containing 320 acres to be divided equally division line to run east and west to be valued at the selling price of land in neighborhood not at price of land at forced sale, to go into their possession and be valued when they become of age, I also give to one of them thirty five acres out of THOMAS VANCE survey, Beginning at SE corner of tract deeded to VIRGINIA BARROW. Thence with LILE’S line to Spring creek thence up creek for quantity thence north to VIRGINIA BARROW’S line. To the other I give thirty acres out of THOMAS VANCE survey Beginning on VIRGINIA BARROW’S line which the 35 acre…




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tract strict it m__? North. Thence south to creek, Thence up creek for quantity, Thence north to line of tract deeded to JULIA HAVELL to go with their possessions and be valued same as LEWIS MARSHALL surveys.

To will to my daughter CLARA two hundred acres out of my homes place to JOHN W. VANCE survey. Beginning at the SE corner of said survey thence north across to a point opposite White Rock Bluff on Spring Creek where creek turns num [?} south Thence west to centre of Creek thence up centre of creek for quantity thence south to south line of said survey Thence East to beginning also the remaining 12 acres of THOMAS VANCE survey to be valued at selling price of land selling in neighborhood not at price of land at forced sale to go into her possession and be valued when she becomes of age.

I will that my wife L. A. ROUTH have the full use and control of all of my home place the JOHN W. VANCE survey including the part willed to CLARA until said daughters CLARA becomes of age. I will further that my wife have the full use and control of the remainder of my home place containing 318 acres together with all the improvements, farming implements and stock sufficient to carry on the business of said place during her life the m____ of said places to be set aside for the support and education of our minor children if the income of said place is not sufficient for said purposes my wife shall have the right to sell off a sufficient amount of the real Estate set apart in the in this instrument as a reserve to make up such deficiency. In case of the death of my wife before our youngest child becomes of age the guardian shall have the same right as my wife. I will that the following described real Estate be held as a reserve by my Executor to be so sold when necessary for the support and education of our minor children. And if after the youngest child becomes of age there is any of said real Estate remaining unsold or an sold [?] from the sale of said property—it shall be divided between our children in such manner as shall make each child’s part equal.

330 acres of land DANIEL WHIST [?] survey.




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420 acres of land in Elm Flats.

82 acres of land on Rowlett’s creek Callahan place. One House and lot in the City of Dallas.

I will that at my death or as soon thereafter as my Executor deems necessary all of my horses & mules be sold and a sufficient amount of the proceeds be appropriated to the payment of the amount deed me to MRS. S. E. ROUTH. I will that when the youngest child becomes of age and after the death of my wife the 318 acres of my home place willed to my wife during her life be divided between my children in such manner as shall make each child part equal. I will that the Courts of the county shall have nothing to do with my Estate further than receive from the Executor an inventory of property and probate this will. I appoint W. L. CAMPBELL my Executor.

In witness whereof I have this the 3rd day of March 1879 signed sealed published and declared this instrument as my last will.

JACOB ROUTH


Witness.

The said JACOB ROUTH on the 3 day of March 1879 signed sealed and published this instrument and declared the same as and for his last will and we at his request and in his presence and in the presence of each other have hereinto written our names as subscribing witnesses.

GEO. W. SMITH

JAMES PATTERSON

[written in margin “Proof”]


The State of Texas

Collin County Personally appeared before me J. M. Benge clerk of the County Court of Collin County GEORGE W. SMITH one of the subscribing witnesses to the last will and testament of JACOB ROUTH deceased dated March 3rd 1879 upon oath says that he & JAMES PATTERSON signed said will as witnesses in the presence of & at the request of JACOB ROUTH dec. & that said deceased signed said will in the presence of himself the said PATTERSON and the said deceased signed said will in the presence of deceased was at the time of signing said will more than twenty one years of age & of sound mind & that he & said PATTERSON was at the time of signing over fourteen years of age.

GEO. W. SMITH




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Sworn to before me Sept. 15th 1879.

J. M. Benge Clerk.

Co. Court Collin Co. Texas.


Filed Sept. 15th 1879. J. M. Benge Clerk


Ordered that Court adjourned [sic] until Thursday morning 9 o’clock.


Thursday Sept. 18th 1879 Court met pursuant to adjournment.


[written in margin: “order appointing administrator”]



W. R. PARKER Thursday September 18th

vs. 1879. Now on this day

Est. J. M. GATES comes W. C. PARKER and

Dec. files his application to be

appointed administrator of the Estate of J. M. GATES decd. and it appearing to the Court that notice required by law has been given and it further appearing that the Executor appointed under the will of said GATES failed to qualify. It is therefore ordered and decreed by the Court that said application be granted and that letters of administration issue to him upon his [giving] a good and solvent bond in the sum of twelve thousand dollars and taking the oath prescribed by law.


[written in margin: “application for administration”]


The State of Texas Estate of J. M. GATES deceased

Collin County County Court September term

1879.

To the Hon. County Court of said county WILLIAM C. PARKER shows that J. M. GATES died on or about the 13th day of June 1879, that said GATES at the time of his death resided in Collin County and left a will and appointed as the Executor of his Estate in said will PAUL M. WHITE and that said Will has been duly probated in the County Court of Collin County and the said Court of Collin County (sic) and the said PAUL M. WHITE was by said Court appointed Executor of said Estate and required to give a bond of twelve thousand dollars and that applicant would further represent that the said PAUL M. WHITE has failed within the time allowed by law to qualify as executor of said Estate, and refuses to take charge of said Estate and…




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applicant further states that there is not in the county aforesaid any surviving wife or other relative of the deceased another agent of any such person who are able to give bond as the administrator of said Estate. Wherefore applicant pray[s] that he may be appointed administrator with the will annexed of said Estate.

W. C. PARKER


[written in margin: “Will’]


The State of Texas I, J. M. GATES a citizen

County of Collin of the County and state of

Texas (?) having been suddenly prostrated by a chime [?] affection but being of sound mind, unimpaired memory and understanding and fearing that my present illness may prove fatal and also in view of the general uncertainty of this life & being desirous that after my death justice may be done to all those who are dependent upon me and to all those with whom I have had business transactions during life do make declare and dictate this my last will and testament as follows to wit: First it is my desire that my debts which amount to but very little should all be promptly paid. It is my desire that my children by my first wife should all be paid the amount due them from the Estate of their mother as they each become of age or have the legal right to claim the same. I wish that my Estate should not be further divided with Johnny my youngest child shall become of age but shall remain subject to the control of an executor herein after named and used for the benefit and as a home for my wife and four youngest children so long as they the children shall be minors or remain unmarried but when either of the children marry such one shall not be entitled to a home on my place. When my youngest child shall become of age, it is my desire that my entire Estate shall be divided either by a sale or by mutual agreement as follows to wit: I wish my five oldest children to wit: L. A. VENSON, formerly L. A. GATES, M. J. ENGLAND formerly M. J. GATES, J. F. GATES, S. E. GATES and J. A. GATES to each receive one Hundred Dollars…




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in cash and the remainder I wish to be equally divided between my wife and two youngest children to wit: LUELLA B. GATES, BOB LEE GATES and JOHNNY M. GATES and in case of the death of either of my aforesaid heirs, it is my wish that the portion of the property belonging to such one shall pass to the others by the law of decent now in force in this state. It is my desire that PAUL M. WHITE shall act as executor of this will and Guardian of my youngest child, JOHNNY M. GATES and that GEORGE HUELY [?] shall act as guardian of my other children.

In testimony whereof witness my hand this the 9th day of June A. D. 1879.


J. M. GATES

J. M. SNIDER

Wm. E. KING


[written in margin: “Proof”]


State of Texas

Collin County Personally appeared before

The undersigned authority J. M. SNIDER who after being duly sworn in open court says that J. M. GATES died in Collin Co. on or about the 13th day of June A. D. 1879 and that he made & published his last will on the 9th day of June A. D. 1879 and that the said J. M. GATES requested of affiant & Wm. E. KING at the time he made said will to witness it as his last will; they signed it in his presence; affiant further states that the said GATES was of sound memory & mind at the time he executed said will and that affiant and Wm. E. KING we[re] over fourteen years of age at the time they witnessed said will.


J. M. SNIDER


Sworn to and subscribed before me in open court July 21 1879.

J. M. Benge Clerk

Co. Court Collin Co. Texas


[written in margin: “order approving sale of Personal Property”]



W. D. CHAPMAN Monday Sept. 15th 1879

Admr. Now on this day comes

Est. D. D. GRAHAM W. D. CHAPMAN administrator

dec. of the Estate of D. D. GRAHAM

deceased and makes the following report of the sale of personal property belonging to said Estate to wit:


To ALEXANDER BOMAR one clay bank mare….




Page 18



[written in margin: “order approving Sale of Personal Property”]



for the sum of $18.00. One iron Gray horse to Wm. THOMPSON for the sum of $60.00. One old cook stove to JAMES WOODWARD for the sum of six dollars one quarter [Gunter?] or surveyors Chappe [chain?] & Compass to SAMUEL GRAHAM for $37.00. One shot gun to Wm. S. GRAHAM for the sum of $20.00. All sold of six months credit taking notes with good personal security. And it appearing to the Court that said property sold for its reasonable cash value and that said sale was made according to law and in conformity with an order of this Court it is ordered that the same be approved and Recorded.


[written in margin: “Report of Sale of Personal Property”]


To the County Court of Collin County.

W. D. CHAPMAN administrator of the Estate of D. D. GRAHAM that on or about the 1st day of August he sold to ALEXANDER BOMAR one clay bank mare for the sum of $18.00. One iron gray horse to Wm. THOMPSON for the sum of $60.00. One old cook stove to JAMES WOODWARD for the sum of six Dollars, one qunters [Gunter?] or surveyors chain & compass to SAMUEL GRAHAM for 37.00, one shot gun to Wm. S. GRAHAM for the sum of $20.00; all sold on six months credit taking notes with good personal security. Reporter would represent that said property brought its reasonable value & asks that sale be approved.

W. D. CHAPMAN

Admr. Est. D. D. GRAHAM dec.




Sworn to before me this Aug. 29th 1879.

J. M. Benge Clerk

By P. Walton Dpy.

Filed August 29th 1879.

J. M. Benge Clerk

By P. Walton Dpy.


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


Friday September 19th Court met pursuant to adjournment.




Page 19




[written in margin: “Continuance”]


JOHN COX Friday September 19th 1879.

Guardian Annual Report

Est. ELDORA HUNTER Now on this day this cause

a minor was continued by operation.



[written in margin: “order appointing appraisers”]


W. C. PARKER Friday September 19th 1879.

Admr. Ordered by the Court that

Est. J. M. GATES JOHN C. WHITE, JAMES MARTIN

dec. and T. J. HALEY be appointed

appraisers of the Estate of J. M. GATES dec.



[written in margin: “Order approving Report of Sale”]


JAS. W. BAINES Friday September 19th 1879. Admr. Now on this day came on

Est. of Wm. RECER to be heard the report of

dec. JAS. W. BAINES administrator

of the Estate of Wm. RECER decd. of the following described tract of land to wit: Beginning at the SE cor. of W. B. WATKINS survey and the NW cor. of L. McNEIL survey a large rock. Thence East 5 chains a stake Thence north 40 chains a rock in West line of NORRIS AUSTIN survey Thence West 5 chs. a rock the nw cor. of the said AUSTIN sur. and the ne cor. of said WATKINS surv. Thence continuing west 55 chains a rock in north line said WATKINS survey Thence south 40 chains a rock Thence west 25 chains to the sw cor. of said WATKINS survey a large rock Thence south 50° East 21 chains a rock Thence South 50° East 21 chains a rock Thence South 60° 31 E. 4.06 chains a post in branch Thence south 7.8° E. 18 chains a stake Thence north 65° E 17 chains a rock Thence North 80° East 17.50 chains a stake in East line of said McNEIL survey Thence north 6 chains to the beginning containing 220 acres of land out of the WATKINS survey 20 acres of land out of the NORRIS AUSTIN sur. and 124 75/00 acres of land out of the McNEIL survey and the Court having inquired fully into the manner in which said sale was made and being satisfied that the same was fairly made and in conformity with law it is therefore ordered adjudged and decreed that said sale be in all things confirmed and the purchaser FRANCIS EMERSON appearing in Court and stating his desire to make payment in cash for his bid instead of one half in cash…




Page 20




and one half in 12 months, it is considered ordered & decreed by the Court that upon the said EMERSON paying the said BAINES administrator of said Estate the sum of three and 75/100 Dollars per acre for the land above described the said administrator is hereby ordered authorized and empowered to execute and deliver to said FRANCIS EMERSON a good and sufficient covenant for the above described tracts of land.



[written in margin: “Report of sale”]


The State of Texas County Court.

County of Collin September term A. D. 1879

To the Hon. County Court of said County.

JAS. W. BAINES administrator of the Estate of WILLIAM RECER, deceased respectfully represents that in obedience to an order of the Hon. County Court of Collin County made at its July term A. D. 1879 directing him to sell the lands belonging to said Estate herein after described he advertised the same by posting notices of the terms, time and place of sale with a description of the land in three public places in Collin County, one of which was at Court House door in McKinney for twenty days prior to the first Thursday in September A. D. 1879. And that on the said first Tuesday in September A. D. 1879 he offered the said lands for sale at public outcry at the Court House door in the City of McKinney between the hours of 10 a. m. and 4 p. m. and FRANCIS EMERSON bid for the same the sum of three Dollars and seventy five cents per acre payable according to the terms of the sale, one half cash and one half within 12 months bearing ten percent in interest and secured by personal security and a mortgage apart said upon said lands and that being the highest and best bid offered the lands were struck off to him. The lands sold and described as follows to wit: Beginning at the SE corner of W. B. WATKINS survey and the NW cor. of L. McNEIL sur. a large rock. Thence East 5 [?] chains a stake. Thence North 40 chs. a rock in West line of NORRIS AUSTIN survey. Thence West 5 chs. a rock the nw a rock the on the said AUSTIN sur. and the ne cor. of said WATKINS survey. Thence continuing west 55 chs. a rock in the north line said WATKINS survey. Thence…




Page 21




South 40 chains a rock. Thence west 25 chs. to the sw cor. of said WATKINS sur. a large rock. Thence South 50° East 21 chains a rock. Thence south 60° 31 E. 4.06 chains, a point in branch. Thence south 78° E 18 chains a stake. Thence North 65° E 27 chains a rock. Thence North 80° East 17.50 chains [a] stake in East line of said McNEIL sur. Thence North 6 chains to the beginning, containing 220 acres of land out of the WATKINS survey 20 acres of land out of the NORRIS AUSTIN survey and 24 70/100 acres of land out of the McNEIL survey.

JAS. W. BAINES admr.

Est. WILLIAM REASER deceased


Sworn to before me this tenth Sept. 1879.

J. M. Benge Clerk

By P. Walton Dpy.

Filed Sept. tenth 1879.

J. M. Benge Clerk

By P. Walton Dpy..


[written in margin: “Order setting aside homestead”]



JOE FORMAN In the County Curt of

admr. Collin Co. Sept. term

Est. D. C. FOREMAN In the matter of the Estate of D. C. FORMAN dec’d.

It appearing to the Court that D. C. FORMAN at the time of his death was a married man, that he left his surviving widow LUCETTA and the following minor children and unmarried daughters to wit: ARABELLA, DINA, ABIGAIL, ELLA RUTH & SUSAN [?] and that said FORMAN at the time of his death with his family as above named resided upon and used as a homestead two hundred acres of land in said county in the SANDFORD BECK headright survey lying in and adjoining the town of Plano and being known as the home place of said D. C. FORMAN. It is therefore considered adjudged & decreed by the Court that said described land together with all the appurtenances thereto pertaining be set apart to said widow and children as a homestead for their use and benefit.



JOE FORMAN

admr. It appearing to the Court

Est. D. C. FORMAN that the following personal…




Page 22




[written in margin:”Order setting aside exempt Property”]


property exempt by law from forced sale has been returned on the inventory of said Estate to wit:

5 bed & bedding, 1 Lounge, 1 crib, 1 safe, 2 stand tables, 1 clock, 7 chairs, 1 sewing machine, 1 cooking stove, 1 washing machine, 1 wagon, 1 buggy, 1 Reaper, 7 plows, 4 cows, 1 calf, 1 bull yearling calf, 16 head of hogs, 2 head of hogs, 1/3 interest in 2 sleges [?] & 1/3 interest in one anile ___?. It is therefore considered adjudged and decreed by the Court that said articles be dropped from said inventory and set apart for the use & benefit of LUCETTA FORMAN, ARABELLA DUNN [?], ABIGAIL ELLA RUTH and SWAN [?] FORMAN the ___? and unmarried daughters & minor children of said D. C. FORMAN. And it further appearing to the Court that there does not belong to said Estate all the personal property that is Exempt by law from forced sale in Kind it is therefore further ordered, adjudged and decreed that the sum on One hundred and twenty four dollars be set aside from said Estate for the use of said widow & children in lieu of the Exempt property to which they are entitled by law which does not belong to said Estate. And it is further ordered adjudged and decreed by the Court that the sum of six Hundred dollars be set apart out of said Estate for the use and benefit of said widow and children in lieu of one year’s supplies not found in kind to belong to said Estate to which they are by law entitled. And it is ordered that JOE FORMAN administrator of said Estate pay over to said widow and children said sum of money


[written in margin: “Order Granting sale corn and cotton”]


JOE FORMAN

Admr. It appearing to the

Estate D. C. FORMAN Court that there is a deceased small lot of corn and

cotton belonging to the Estate of D. C. FORMAN now on hand, it is therefore adjudged, decreed and ordered that JOE FORMAN administrator of said Estate sell the same at private sale for cash in hand and pay over the proceeds thereof to the widow & minor children of D. C. FORMAN.


Inventory and appraisement of all the Estate both real and personal of D. C. FORMAN deceased.




Page 23




[written in margin: “Inventory”]



Community

Separate

¼ undivided interest in the J. M.

SALMONS 293 acre survey the

interest of D. C. FORMAN dec.

being about equal to 39 acres


$312.00

1/5 undivided interest in the ELI

SMYER survey of 320 acres

About 64 acres


572.00

1/3 undivided interest in the C. F.

M. GOODNER 320 survey about

100 acres

$800.00


½ undivided interest in the JOHN

CAHILL survey about 49 acres

392.00


1/3 undivided interest in the

MANLY BECK survey about

15 2/3 acres

78.00


1/5 undivided interest in the

Wm. J. JACKSON survey about

5 4/5

30.00


200 acres part of the

SANDFORD BECK survey

Homestead

5000.00


1/3 interest undivided in the

S. HASHILL (?) survey about

198 2/3 acres situated in

Nacogdoches Co.

200.00


85 acres in the A. R.

STOCKTON survey in Rockwall

Co.

255.00



$6755.00

$824.00

Personal Property



5 Beds & bedding

$50.00

1 Lounge

2.00

1 Crib

1.00

1 safe

1.00

2 stand tables

3.00

1 clock

4.00

1 sewing machine

7.00

1 cooking stove

25.00

1 washing Machine

15.00

3 Wagons 1 $20 2 $10.00

6.00

1 Buggy

15.00

1 Reaper

35.00

7 plows

21.00

4 Cows

6.00

1 Calf

3.00

1 Bull yearling (calf)

10.00

16 head of hogs

32.00

2 head of horses & colt

100.00

1/3 interest in 2 Sledge & 1/3 interest in 1 anile and 1 wire

2.00


$432.00


Separate $824.00 (Real)


Community $6755.00


Total 8011.00


State of Texas

Collin County Be it remembered that on this…




Page 24




day personally JOHN Y. LOVELACE, J. J. STRAIN and J. T. KENRICK duly appointed and Lawfully authorized appraisers do hereby certify that as far as was produced to us by JOE FORMAN admr. of the Estate of D. C. FORMAN dec. the above and foregoing is a full and correct inventory and appraisement of the Estate both real and personal of D. C. FORMAN to the best of our Judgment and understanding this August 6th 1879.

J. S. STRAIN appraisers

J. Y. LOVELACE

J. T. KENDRICK


Subscribed and sworn to before me this August 6th 1879.

Charles T. Morriss

Notary Public Collin Co. Texas


Inventory and schedule of the claims due and owing to the Estate of D. C. FORMAN dec. The following is the common or community property of dec.


1 Promissory note given by JOHN ALBERTS

dated 1st 1877 due Nov. 1st 1878 int. 12% from date for

$30.00

1 promissory note give by JOHN ALBERTS dated

Aug. 1st 1877 due Nov. 1st 1879

$30.00

1 Promissory note given by JOHN ALBERTS dated Aug. 1st 1877 due Nov. 1, 1889 from date 12% for

$30.00


$90.00


State of Texas Before me Charles T. Morriss Notary Public

Collin County within and for Collin County personally appeared JOE FORMAN administrator of the Estate of D. C. FORMAN dec. who after being sworn upon his oath deposes and says that the above and foregoing inventory and list is a complete and full inventory and list of the property and claims of D. C. FORMAN dec. that has come to his knowledge.

JOE FORMAN

Administrator


Sworn to and subscribed before me this August 6th 1879.

Charles T. Morriss

Notary Public Collin County




Page 25




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


Saturday Sept. 20th 1879 court met pursuant to adjournment.



G. A. WILSON Saturday September 20th

admr. 1879.

Est. L. T. & E. B. MORISS Now on this day came

on to be heard the final account of G. A. WILSON administrator of the Estate of L. T. & E. B. MORISS deceased and it appearing to the Court that said account is correct and that due notice had been given of the same, it is approved. It further appearing to the Court that there is property remaining in the hands of said administrator to wit: Money on hand $43.00 ½ [?].

Real Estate 101 ½ acres T. A. RHOADS [sic] sur.; ½ undivided interest in 17 acres in the JOHN EMBERSON survey, ½ undivided interest in 50 acres in W. T. JOHNSON survey, 44 acres in L. B. HAMM survey, 17 acres out of L. B. HAMM survey. And proof of heirship in said Estate being made Court it was Established that the following persons were entitled to distribute shares in said Estate to wit: OBITHA WEBB in her own right and her husband I. [?] L. WEBB by transfer from M. J. BUCKLEY, SUSAN WORD, BUNLDA [?] CHANDLER , T. H. MORRIS, VIRGIL L. MORRIS, JULIA BOUNDS in all seven months also 1/36 to said T. D. WEBB by transfer from LACY M. BENGE to SUSAN AGEE in the right of her mother MARGARET AGEE dec. one month To LYDIA E. BAXTER, JNO M. BAXTER, W. C. BAXTER 3/36 the right of their mother SARAH E. BAXTER dec’d. all of whom are represented in court except SUAN AGREE and it being made known to the Court that said SUSAN AGEE is a minor and has no guardian of her Estate it is ordered by the Court that J. H. JENKINS be appointed guardian ad Litem and that he enter into bond in the sum of 250$. It is therefore ordered by the Court that said Estate be partitioned among said heirs or their assignees according to quantity and quality in proportion to the interest to which each is entitled and that THOS. B. WILSON, HENRY MOORE and LARKIN ADAMSON be and they are hereby appointed commissioners to made…




Page 26




partition of the real Estates among said heirs and that report their action to the present term of this Court. Said commissioners are further ordered that in case said Estate cannot be partitioned in Kind among the heirs entitled that without material damage to the undivided interest therein that they appraise the value of each of said tracts of land and report the same.



[written in margin: ‘application for Partition”]


M. P. BAXTER Gdn. Est. In Co. Court Sept. term

BAXTER HENS [?] 1879, Collin Co.

G. A. WILSON admr. Now comes

Est. L. T. & E. MORRIS W. R. BAXTER __hg was

heretofore appointed by this Court guardian of the Estates of LUCY M., LYDIA E., JNO. M. and W. C. BAXTER and represents that since his appointment as guardian LUCY M. BAXTER has intermarried with E. S. BENGE he would further represent that the heirs of said Estate are as follows: LUCY M. BENGE, LYDIA E. BAXTER, JNO. M. BAXTER and W. [?]. C. BAXTER; THOS H. MORRIS, BURILDA CHANDLER, SUSAN WORD, JULIA A. BOUNDS, VIRGIL L. MORRISS, OBITHA WEBB, MARTHA J. BUCKLEY and SUSAN AGEE. He would further represents that T. L. WEBB is the owner by deeds of transfer of the undivided interests in the lands of said Estate inherited by THOS. H. MORRIS, V. L. MORRIS, BURILLA CHANGLER, SUSAN WOOD, MARTHA J. BUCKLEY and JULIA A. BOUNDS and that OBITHA WEBB is the wife of T. L. WEBB, that he W. P. BAXTER is the owner of the interest of LUCY M. BENGE. He would further represent that it appears from the final account filed by G. A. WILSON administrator of the Estate that there is property in his hands undisposed of wherefore he prays in his own behalf and as guardian of the Estate of LYDIA E., JNO. M. & W. C. BAXTER that the Court order a partition of said property in the hands of the admr. among each one of the parties entitled to an interest therein.

K. R. CRAIG

Atty. for W. P. BAXTER

and T. L. WEBB and wife .

Filed Sept. 18 1879

J. M. Benge Clerk





Page 27




[written in margin: “Final Report”]


Est. of L. T. & E. B. MORRIS In County Court

Deceased setting for Probate

purposes and other

matters Sept. term

  1. D. 1879

To the Hon. T. C. Goodner Judge of the County Court setting in Probate matter &c.

The undersigned admr. of the Estate of L. T. & E. B. MORRIS deceased would respectfully show that he has collected all the claims and paid all the debts against said Estate except the cost that will accrue from this time [?] on in Your Honor. Court and files below his final report showing what effects he has on hands to be partitioned among the heirs of said Estate amount on hand in money as per last report $141.76 ½

Amt. paid int. [?] since last report:

Paid J. M. BENGE twenty two & 38/00 Dollars as per voucher no. 20 22.38

Paid ELI BURK one & 80/ Dollars as per voucher no. 21 1.80

Paid J. M. BENGE one & 50/100 as per voucher no. 22 1.50

Paid F. M. DAVIDSON [?] as per voucher no. 23 5.00

$30.68

Bal[ance] on hand in money $111.07 ½

Less my commissions 58.07 $53.00 ½

for renting and taking care of Estate $10.00

Bal. money on hand $43.00 ½


Real Estate on hands


101 ½ acres of land out of the T. H. RHODES headright appraised at $800.00

The one half undivided interest of 17 acres in JOHN EMERSON headright

appraised at 175.00

50 acres of W. T. JOHNSON headright appraised at 500.00

44 acres of land out of L. B.HAMM (HANN?) 308.00

17 acres out of the same headright appraised at 234.00

Bal. on hand in money & Real Estate $2060.00 ½


All of which is respectfully submitted and prays the Court to have said Estate partitioned among the heirs who are legally entitled to said Estate and that…




Page 28




your petitioner be discharged of his trust and that notice be given to all parties interested in said Estate of this his final account and for such other relief as the Court may think the case may merit.


GEO. A. WILSON admr.

of the Estate of L. T. & E. B. MORRIS dec.


Sworn to and subscribed before me this the August 25th 1879.

J. M. Benge Clerk

By P. Walton Dpy.


[written in margin: “order amending annual report”]


JOHN HAVILL

Guardian Saturday September 20th 1879

Est. JOHN F. HAVILL It appearing to the court that

a minor in the annual settlement of

JOHN F. HAVILL filed in the court on 17th day of March 1879 that the said JOHN HAVILL is charged with the sum of $47.00. Whereas from said report it appears that said HAVILL is only justly chargeable with $12 45/100. It is therefore ordered that said report be corrected and that said JOHN HAVILL stand charged in said settlement with only said sum of $12.45.


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


Monday Sept. 22nd 1879 Court met pursuant to adjournment.



[written in margin: “Order approving Sale”]



J. J. STRAIN Monday Sept. 22nd

admr. 1879.

Est. J. E COX dec. Now on this day comes

J. J. STRAIN administrator of the Estate of J. E. COX deceased and files the following report of personal property and real estate belonging to said Estate to W. H. CHADDER [?] and W. C. BRISON [?] for the sum of One thousand Dollars, one half payable in six months & the balance in twelve months from the 15th August 1879 with interest at the rate of 10% per annum, 1 portable Engine shafting pulleys, 90 feet belting, Jet pump pipes &c and the following described tract of land situated in Collin County, State of Texas in the G. W. GUNNEL’S survey & Know as the J. E. COX ___? Lot [?]. Beginning at J. M. GATES northwest corner thence west 6 chains then south 3° 30 East 11 20/100 chains Thence…




Page 29




East 5 22/100 chains to said GATES west line Thence North 2° East with said GATES west line 11 chains to the beginning. Containing 6 23/00 acres together with the gin house engine gin stands press & all fixtures belonging thereto. And the Court having enquired fully into the manner in which sale was made and being fully satisfied that the same was fairly made and that it sold for a reasonable price. It is therefore ordered adjudged and decreed that said sale be in all things confirmed and that the said administrator made execute and deliver unto the said purchasers good and sufficient deeds upon their giving their notes as above stated into good personal security and with [?] mortgage on the land to secure payment of the purchase money.


[written in margin: “report of sale”]


State of Texas County Court September

County of Collin term 1879.

To the Honl. T. C. Goodner Judge of the County Court of Collin County, Texas.

J. J. STRAIN the undersign[ed] administrator of the Estate of JOSEPH E. COX deceased would respectfully make the following report made by him as such administrator at the July term 1879 administrator obtained an order to sell the personal property of his intestate at private or public sale as he might deem best for the interest of the Estate part of said personal property consisted of a portable engine & other machinery used in ginning cotton via shafting & pulleys 90 feet belting Jet pump pipes &c which was situated on the following tract of land situated in Collin County & State of Texas containing six 23/100 acres more or less, and more particularly described as being in the GEO. GUNNEL’S survey & formerly that mill & gin tract of J. E. COX deceased. Beginning at JAMES M. GATES northwest corner Thence west 6 chains Thence South 3° 30 East 11 20/100 chains thence East 5 25/100 chains to said GATES West line Thence North 2° East with said GATES west line 11 chains to the beginning. On said land was a gin house with the engine aforesaid gin stand press & fixture for ginning cotton as it was…




Page 30




impossible to sell the engine gin stand &c to advantage without sell the land on which they were situated & as the cotton season was in hand or a sale to the advantage of the Estate would not allow any delay as it was necessary for the purchasers of said property to be ready by the commencement of the gining season otherwise no purchasers could be found to purchase said property. I therefore determined that as this was a case of Emergency & would entail a loss upon the Estate of J. E. COX decd. unless I acted promptly to sell said property at private sale at the earliest day possible pursuant to said determination I offered said property both real personal heretofore described in this report for sale to the highest & best bidder after making diligent inquiry for purchasers I found that W. C. BRINSON & W. H. CHADDICK were the highest & best bidders for said property accordingly on the 15th day of August 1879 at Plano (space) in the county of Collin state of Texas I sold the six & 23/100acres of land heretofore described together with the portable engine gin stand & other fixtures & machinery gin horses &c used for ginning cotton to the said W. C. BRINSON & W. H. CADDICK for the sum of One thousand dollars payable as follows vz. One note for $500.00 Five Hundred dollars date August 15th 1879 due six months after date with interest at the rate of ten per from date; the other note dated August 15th 1879 due twenty months after date with interest at ten percent from date; both of said notes having in addition to the names [?] of the makers two other names as personal security—to wit D. BRINSON & Wm. CHADDICK at the same time & place I [?] a conveyance conveying the afore said subject to the notification of said sale by this Honorable Court and in said conveyances or vendors lien to secure the payment of the purchase money was specify retained. I would further report that I regard this sale as an exceptionally good one, for the interest of the Estate of J. E. COX & better than I possibly could have expected under all…




Page 31




circumstances, and finally I would say that in making it I have guided solely by what I deemed the best interest of my intestate all of which is respectfully submitted for Your Honor’s confirmation.


J. J. STRAIN

Admr. of J. E. COX dec.


State of Texas

County of Collin This day personally appeared before the undersigned authority J. J. STRAIN who being by me duly sworn stated that the allegations in the foregoing report of sale are true to the best of his knowledge and belief.

J. J. STRAIN


Sworn to & subscribed before me this 15th day of September A. D. 1879.

J. M. Benge Clerk

Co. Court Collin co.


JOE FOREMAN Thursday September

admr. 18th 1879.

est. D. C. FORMAN Now on this day came JOE FORMAN admr. of the Estate of D. C. FORMAN dec. and files an inventory of all property belonging to said Estate and it appearing to the Court that the same is in all things correct, it is ordered that the same be approved and recorded.



JOS. W. BAINES Monday September

admr. 22nd 1879.

Est. Wm. REASOR Now on this day comes JOSEPH W. BAINES administrator of the Estate of Wm. REASOR deceased and files his final report of said Estate. Ordered by the court that notice be given of the filing of the same for 20 day[s] by publication in the McKinney Advocate.



S. P. MUNCY Monday September

Surviving husband 22nd 1879.

LETITIA MUNCY dec. Now on this day comes S. R. MUNCY and prays the Court appoint appraisers to value the property belonging to the Community Estate of himself and his deceased wife LETITIA MUNCY deceased. Ordered by the…




Page 32




court that A. CALAHAN, JESSE HUBBARD and JOHN ENGLIS be appointed appraisers of said Estate.



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


Tuesday September 23rd 1879 Court met pursuant to adjournment.



[written in margin: “Order granting sale of personal property”]



J. M. BENGE Saturday. September 20th

admr. 1879.

Est. BUFORD & M. E. HENRY [?] dec. Now on this day comes J. M. BENGE administrator of the Estate of BUFORD and M. E. HENRY dec. and prays the Court for the sale of the following described personal property to wit: 1 Buggy, 1 wagon & harness, household and Kitchen furniture and one cow & Calf property belonging to said Estate. And it appearing to the Court that it is necessary to sell said as the same cannot be partitioned among the heirs it is ordered that the same be granted and that said administrator proceed to sell said described property at private sale for cash in hand.


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


Wednesday September 24th 1879 court met pursuant to adjournment.



[written in margin:”Order approving sale of Personal property”]



J. M. BENGE Wednesday September

admr. 24th 1879

Est. BEDFORD & Now on this

M. E. HENRY dec. day comes J. M. BENGE

administrator of the Estate of BEDFORD & MARY F. [sic] HENRY deceased and reports to the Court the sale of personal property belonging to said Estate and it appearing to the Court that said sale was fairly made and that said property sold for its reasonable cash value, it is ordered that the same be approved in all things and that the same be recorded.




Page 33




[written in margin: “Report of sale of personal property”]


In the County Court of Collin Co. Sept. term A. D. 1879. In the matter of the Estate of BEDFORD and MARY [sic] HENRY.

Your reporter J. M. BENGE administrator of said Estate would represent that the sold for cash in hand a portion of the personal property belonging to said Estate at private sale for cash in hand which will more fully appear by a list of said articles hereto [?] attached marked exhibit A.

Your reporter further represent that all of said property was sold during the year 1878 and that the same sold for a fair price wherefore he asks that the same be confirmed.


Richard Mattbie

atty. for J. M. BENGE admr.



Exhibit A”


List of personal property sold by J. M. BENGE admr. of the Estate [of] B. & M. E. HENRY.


(blank) THOMPSON

3 head cattle

$39.00

JOHN TURNBILE

2 head cattle

12.00

J. A. BUCK

1 cow & calf

12.00

IRA HOWARD

2 mules

100.00

P. C. CULWELL

65 bois d’arc posts

6.50

H. R. GEARHART

85 bois d’arc posts

9.65

WILLIS DOWELL

41 bois d’arc posts

3.70

O. T. LYONS

70 bois d’arc posts

6.30

G. HERNDON

1300 bois d’arc posts

139.00

G. HERNDON

20 Refused [?] posts

1.50


240 Refused [?] posts

21.20

J. W. HILL

72 Refused [?] posts

4.25

JERRY HENRY

1 Cook Stove

8.00

M. R. HENRY

6 ½ Cords wood

15.00


3 head Hogs

14.00

JAMES BENGE

1 shot gun

5.00




State of Texas Personally appeared before me the unsigned authority J.

Collin Co. M. BENGE admr. of the Estate of BEDFORD & MARY HENRY who being duly sworn says that the within is a correct Exhibit of all the personal property belonging to said Estates that he has sold and that said property has all sold for a fair price. Sworn to and subscribed before me this September 20th A. D. 1878.




Page 34




J. M. BENGE admr.

Est. BUFORD & MARY E. HENRY dec.


Sworn to and subscribed to before me this Sept. 20th 1879.

J. D. Page J. P.


Ordered that court adjourn until tomorrow 9 o’clock.


Thursday Morning September 25th 1879 court met pursuant to adjournment.



[written in margin: “order approving bond”]



JNO. CHURCH Thursday September 25th

admr. 1879

Est. R. D. BUMPASS Now on this day comes

dec’d. JOHN CHURCH admr. of the

Estate of R. D. BUMPAS deceased and files his bond for approval as such administrator 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.



[written in margin: “Bond”]


State of Texas Est. of R. D. BUMPASS

County of Collin dec’d.

Know all men by these here presents [sic] that we JOHN CHURCH as principal and T. A. CHURCH and A. H. NEATHERY as sureties are held and firmly bound to the County Judge of the County Court and his successors in office in the sum of seven thousand dollars for the payment of which well and truly to be made unto the said County Judge we bind ourselves, Executors & administrators jointly & severally firmly by these presents [sic] signed and our hands the [blank] day of September A. D. 1879.

The conditions of this obligation is such that whereas the above bound JOHN CHURCH has been appointed by the County Judge of Collin County administrator with the will annexed of the Estate of R. C. BUMPASS deceased. Now if the said JOHN CHURCH shall well and truly perform all the duties required of him under said appointment then this obligation shall be null & void, otherwise to remain in…




Page 35




full force & effect.

JOHN CHURCH

T. A. CHURCH

A. H. NEATHERLY


[written in margin:”oath”]


[written in margin: “Oath”]




I JOHN CHURCH do solemnly swear that I will faithfully discharge & perform all the duties incumbent upon him as administrator of the Estate of R. D. BUMPASS deceased to the best of my ability.


JOHN CHURCH


Sworn to before me the Sept. 23 1879.

J. M. Benge Clerk

By P. Walton Dpy.



W C. PARKER Thursday September

Admr. 25th 1879.

Est. J. M. GATES Now on this

Decd. day come JOHN PARKER administrator of the Estate of the Estate of J. M. GATES deceased and files his bond as such, for approval and it appearing to the court that same is a good and solvent bond beyond it is ordered that the same be approved and recorded



State of Texas Estate of J. M. GATES

County of Collin deceased

Know all men by these presents [sic] that we [W. C. PARKER] as principal and (blank) as sureties are held and firmly bound unto the County Judge of the County Court and his successors in office in the sum of twelve thousand dollars conditioned that the above bound W. C. PARKER who has been appointed by the County Judge of Collin administrator with the will annexed of the Estate of J. M. GATES deceased shall well and truly perform the duties required of him under such appointment. Witness my hand this (blank) day of September A. D. 1879.

W. C. PARKER

J. F. BUTLER

J GRAHAM [?]

W. C. BRINSON

F. J. VANCE

JOHN L. A. WHITE

Wm. [?] L. B. GATES




Page 36




[written in margin: “order granting sale of Personal Property”]



G. W. COFFMAN Monday September

admr. 1879.

Est. C. BLACK Now on this day

Dec. comes GEO. W. COFFMAN admr.

of the Estate of C. BLACK deceased and prays the Court to grant the sale of the following personal property belonging to said Estate to wit: 26 head of cattle, 30 head of hogs, 3 mules, 2 mares & mule colt, 1 wagon, 1 Wood Harvester & binder, 1 Brown’s sulky plow, 1 Cummings sulky plow, 1 cultivator, 2 sets of harness, 1 Harness & Bridle, 100 lbs. barbed fence wire & sundries and it appearing to the Court that it is necessary to sell said property to pay off the debts against said Estate is ordered that said sale be granted & that said proceed to sell the cattle at private sale & the remainder of the personal property on 12 mos. credit taking notes with good security to be sold on the premises on the 1st Monday in October.



[written in margin: “order approving report of sale of land”]



JAS. W. BAINES Monday September

admr. 15th 1879.

Est. M. S. SIMPSON Now on this day

dec. came on to be Heard

the following report to wit:

The State of Texas County Court

County of Collin Sept. term A. D. 1879

To the Hon. County Court of said County

JOSEPH W. BAINES administrator de bonis of the Estate of MARTHA S. SIMPSON deceased respectfully that in obedience to an order of the Hon. County Court of Collin County made at its January term A. D. 2879 he sold the lands hereinto described belonging [to] said Estate on the 25th day of August A. D. 1879 to W. A. (?) HONAKER for the sum of two thousand three Hundred Dollars one half to be paid in cash and one half on a credit of 12 months with 12% interest secured by note with approved security and a note on the land, said lands are described as follows to wit: sixteen acres timber in the C. BOLES survey Beginning at the southwest corner of 100 acres bought by LEWIS WETSEL, Thence…




Page 37




East 14.90 chains to the south east corner thereof, Thence south 10.67 chains beginning 160 acres of (farm) LEWIS WETSEL survey of 320 acres, Thence north 40 chains Thence east 40 chains thence 40 chains Thence East 40 chains thence South 40 chains Thence West 40 chains beginning 80 acres timber in C. BOALES survey Beginning south East corner of said BOALES survey Thence north 20 chains to J. W. KIRBY’s south East corner Thence West 40 chains post Thence 20 chains to said BOALES survey line Thence East 40 chains post Thence East 40 chains beginning 10 acres timber in A. PIARO (?) survey conveyed by F. W. FERGUSON to GEO. W. SIMPSON and reference is made to deed (?) from said FERGUSON to SIMPSON for a more particular description of said land 25 acres prairie in PETER WETSEL survey beginning at north West corner of said survey Thence East 39.09 chains Thence north 6.325 chains beginning. Administrator further represents that said sale was made privately after due advertisement of same according to law by posting in three public places in the county one of which was the Court House door in McKinney.

JAS. W. BAINES

ADMR. D. d. n. M. S. SIMPSON Est.


Sworn to before me this Sept. 6th 1879

J. M. Benge Clerk

By P. Walton Dpy.

And the Court having inquired into the manner in which said sale was made and being satisfied that it was fairly made and in all things confirmed and the said BAINES admr. as aforesaid upon compliance of the said HONAKER with the terms of sale is hereby directed to make the said HONAKER a good conveyance to said lands.


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




Page 38




Friday morning September 26th 1879 Court met pursuant to adjournment.


[Notes in margin: “order appointing guardian”]


D. C. HARLESS Friday September 26th

vs. 1879.

Estate of IDA Now on this day comes

McGREGOR a minor D. C. HARLESS and presents

his application to the Court to be appointed guardian of the person and estate of IDA McGREGOR a minor and it appearing to the Court that notice required by law has been given, and the matters and things being fully understood by the Court it is ordered that said petition be granted and that letters of guardianship issue to him upon his filing a good and solvent bond in the sum of One thousand Dollars conditioned as the law requires and take the oath prescribed by law.


[margin note: “order appointing appraisers”]


D. C. HARLESS Friday September 26th

Guardian 1879

Est. IDA McGREGOR Ordered by the

a minor Court that I. J. RUDE, W. S. HESTON (?) and R. A RIKE be appointed to appraise the Estate of IDA McGREGOR decd.(sic)


[margin note: “order requiring new bond”]


W. S. TURNER Saturday, September 27th

vs. 1979.

THOMAS SPIREY Now on this day

surviving husband came on to be heard

EMILY SPIREY the application of W. S. TURNER

to be relieved as surety on the bond of THOMAS SPIREY surviving husband of EMILY SPIREY dec. and it appearing to the Court that notice of the same has been given as the law requires it is therefore ordered and decreed by the Court that THOMAS SPIREY enter into a new bond in the Community Estate of himself and deceased wife conditioned as the law requires on or before the 6th day of Oct. 1879.


[margin note: “order approving Final report”]



J. L. KELLEY Friday September

Extr. 26th 1879

Estate J. M. & MARY ENLOE dec. Now on this day came on to be…




Page 39




heard the final report of J. L. KELLEY Ex. of the Estate of J. M. & MARY ENLOE dec. made for himself & his co-Executor J. A. FREEMAN Filed the 28th day of August 1879 and it appearing to the Court that said Estate if fully administrated in accordance with law, it is therefore ordered adjudged & decreed by the Court that said J. L. KELLEY pay the court costs yet due in said Estate & the sum of twenty & 32/100 Dollars due I. O. CLAYTON guardian of M. B. & HUGH ORR CLAYTON minors appears by said report and upon filing proper vouchers for the same that the administrator be declared closed and said J. L. KELLEY & J. A. FREEMAN Extrs. be discharged from their trusts as said Extrs.


[margin note: “Final Report”]


J. L. KELLEY Executor of the Estate of J. M. & MARY ENLOE dec. begs leave to make this his final report of the condition of said Estate.

Reporter would represent that all the property of said Estate real & personal has been disposed by delivering the same under the order of the Court to the legatees under the will of Decd. That NANCY A. FOREMAN (?) & her husband took the real Estate in Van Alstyne at its appraised value500/ in part payment of 700$ willed (?) by MARY ENLOE dec. and reporter paid her 200 in money per report filed January 18th 1879 making 900$ that according to the will of MARY ENLOE dec, she was to be paid this amount over & above the amounts to be paid to the other legatees. That as per report filed Jany. 18th 1879 amendment filed Nov. 15, 1879 he had on hand the sum of $547.21

Reporter is entitled to 5% on 1041.73/100 collected (as per report above) $52.82

5% on 296 paid 14,86

$ 67.67

Leaving on hand $479.54


Collected of G. A. WILSON et al $150.00

Collected of A. J. OSLIN 57.50

Total $687.39




Page 40




Paid N. E. FREEMAN legatee V. 1 $ 13.00

Paid N. E. FREEMAN legatee V. 2 $ 57.50

Paid N. E. FREEMAN legatee V. 3 $ 19.00

Paid N. E. FREEMAN legatee V. 4 $ 10.00

Paid N. E. FREEMAN legatee V. 5 $150.00

Paid N. E. FREEMAN legatee V. 6 60.00

$320.65

Paid L. O. CLAYTON Guardian Legatees 7 220.00

Paid L. O. CLAYTON Guardian Legatees 8 57.50

Probable Cost 10.00

5% on 207.75 collected $ 26.38

Total $624.53

Reporter would represent that there is a balance due on the J. A. OSLIN (sic) note principal & interest of $26.50 and reporter asks that this note be portioned among the legatees.


Recapitulation


Collected in all $1159.49

Pd. to parties other than legatees 332.67

Total $836.82


Paid Mrs. FREEMAN, to make her yas (equal?) $ under the will $200.00

Leaves (?) $636.82

5% on this report 67.67

Amt. to which legatees equally entitled 569.15

add to above note uncollected 26.80 total $595.65


MRS. FREEMAN legatee entitled ½ of above $297.82 ½

T.O. CLAYTON guardian $297.82 ½

$595.65

Paid MRS. FREEMAN $320.65

We (she?) indebted to admr. 22.83 $297.82


Paid L. O. CLAYTON Guardian $277.50

Admr. due CLAYTON 20.32 $208.82


Reporter would represent that he relinquishes all claims against MRS. FREEMAN for amount due him & he prays that he have an order to pay L. O. CLAYTON guardian of M. B. & H. O. CLAYTON minors the sum of money due them & that he & J. A. FREEMAN exu. be discharged from their trusts as Executors of said Est. J. L. KELLY

Executor Est. J. M. & MARY ENLOE dec.




Page 41




Sworn to before me this August 28th 1879.

J. M. Benge Clerk

By P. Walton Dpt.


[Margin note: “Annual report”]


JOHN CHURCH Friday September 26th

vs. 1879.

Est. F. D. PERKINS dec. Now this day this cause was continued.



[Margin note: “Annual report”]



Est. of Collin County Court

GEO. WATTS dec. September term A. D. 1879

To the Hon. County Court of Collin County Texas. GEO. A. WILSON administrator of the Estate of GEO. WATTS deceased begs leave to submit the following as his final report in said estate the amounts as given below on the debits & credits columns denote (?) the amounts that he has received & paid out since the filing of his annual report in said Estate on the 24th day of April 1878.


1878


May 8th To cash from J. C. PAYNE part of a note $15.00

May 6th To cash from J. H. PETERS part of acct. 10.00

May 27th To cash from rent from SUE DILLARD for House 2.65

May 30th To cash from JESSE SHAIN in full of acct. 30.20

July 1st To cash from SUE DILLARD House rent 21.60

July 10th To cash from ROBT. SWARM (?) in full of acct. 47.80

Aug. 14th To cash from J. H. JENKINS in full of acct. 22.81

Aug. 19th To cash from W. C. BURNS in full of acct. 39.52

Aug. 29th To cash from A & W. HIMSTABLE (?) in full of acct. 13.60

Sept. 3rd To cash from T. BERNARD (?) in full of acct. 6.88

Oct. 19th To cash from JESSIE CAFFEY in full of acct. 8.50

Oct. 19th To cash from JNO. HAMILTON in full of acct. 0.25

Nov. 7th To cash from J. P. DUVELL in full of acct. $209.87

15.60

Dec. 31st To cash from EPPA BERRY 11.75


1879


Jany. 30th To cash from JOHNE RHMS (?) rent of house 15.00

April 10th To cash from J. H. PETERS in part of acct. 10.00

May 10th To cash from S. C. ANDERSON in full of note 33.55

April 24, 1878 To cash from as interest from same parties

Up to April 24 1878 268.00

Total amt. recd. since last report $580.77


Cr.


1878


April 23rd By amt pd. JESSE SHAIN voucher no.1 $22.10

Sept. 4th By amt. pd. T. BERNARD (?) voucher no. 2 6.00

Aug. 14th By amt. pd. J. H. JENKINS voucher no. 3 9.60

July 10th By amt. pd.. JENKINS & MUSE voucher no. 4 4.75

Aug. 10th By amt. pd. J. M. BENGE voucher no. 5 54.09




Page 42




July 5th By amt. pd. W. P. (?) CLOYD voucher no. 6 $ 16.20

July 19th By amt. pd. W. C. BURNS voucher no. 7 55.70

Dec. 1st By amt. pd. G. R. HAVILE voucher no. 8 16.77

Feby. 18 1878 amt. pd. L. W. OGLESBY voucher no. 9 50.00

May 10 1878 amt. pd. J. D. PAGE voucher no. 10 1.80

May 10 1878 amt. pd. JENKINS & MUSE voucher no. 11 3.07

June 17 1878 amt. pd. L. W. OGLESBY voucher no. 12 12.00

Aug. 18 1879 amt. pd. JENKINS & MUSE voucher no. 13 200.00

Aug. 16 1879 amt. pd. C. C. JOHNSON voucher no. 14 5.00

Total amt. paid out $462.18


Recapitulation


Total amt. rec. since last report $580.77

By amt. paid out $462.18

By amt paid 5% commissions on amt. recd. 29.03

By amt paid 5% commissions on amt. paid out 23.10


Amount now in hand of admr. $66.48


Your reporter states that states in obedience to an order of this court made at its May term for the year 1878 he paid over to the heirs therein mentioned the sums of money that was ordered to be paid to them, he says that the greater portion of the original book accts. Now uncollected are on worthless parties and in his opinion it would be useless to try such to enforce the payment of them and that he believes that he has collected up the accounts has near as can be with a few exceptions that he will on the hearing hereof bring into Court the original acct. books of the deceased from which the items on the inventory were taken so that the solvency or insolvency may be shown, He show(s) that he has not collected either of the following notes, one on J. C. PAYNE for 125.00 credited April 19 1878---$10.00 & same day $19.00 & May 8th 1878 $15.00. One note on CHAS. & E. (?) OBINCHAIN for $125.00 a note for $150.00 on ELI COUSINE aux. note __? in a Judgment in the District Court of Collin County, Texas that these notes are all secured by vendors’ lien(s) on land deficient to discharge such notes & that they all drawing a profitable rate of interest and for these reasons he has not collected them & now (?) asks that they with other property be divided among the heirs. He states that the items of $286.00 in the debit (?) column (?) of this account as interest received on money was the interest that had accrued on the funds of the Estate prior to the filing of his annual report on the 24th of April 1879….




Page 43




that said sum is as near the amount of interest so received by him as he can estimate it. He would further state that the original inventory showed (?) that MRS. F. E. McKINNEY was indebted to his intestate in the sum of $565.21 but that she showed receipts from his intestate to the effect that said charge was erroneous that she was only indebted to the Estate in the sum of $32.00 which amt. was accounted for by this reporter in his report filed in this court on 24th of April 1878, that from said receipts he thought it useless to institute suit against her & furthermore he states that he does not believe that if said claim had been just that the amount of money could have been collected from MRS. McKINNEY by law she is insolvent, he therefore asks that MRS. McKINNEY be brought before the court & be compelled to produce her receipts & that this item or all except $32.00 be stricken from the inventory. He would also state that he has collected the following amts. that were not on the inventory from the persons as given below to wit: $0.55 from W. D. BAGLEY $16.71 from B. M. E. SMITH bal. on interest on a note the face of which issued (?) it had been paid $0.50 cts. from JESSE COFFEY 25 cts. from JNO. HAMILTON that these matters are so small in amt. that he did not think it necessary to return an addition at inventory for them that all they money so collected has been accounted for. The following notes which were on the inventory he has been unable to collect & states that the parties are insolvent to wit: One note for $14.40 on F. D. PERKINS, one on GEO. DANSON for $36.00 given for house rent DANSON being in house at time I was appointed administrator. One note on THOMAS & DONALD (?) for $33.02 with a credit of $15.00. One note ABE ENLOE for $64.80 that same of the above notes have been taken by him on parties who were indebted to the Estate on account. He would further show that at a former term of this Court an order was made setting aside for the use of the widow & children of the deceased the following property outside & Except the home place on which the…




Page 44




widow & children live to wit: the butcher shop situated in the town of McKinney on the north East corner of the Public square & the butcher pen situated about ½ mile from the town of McKinney in a north Easterly direction and he asks that said order be rescinded & the above property in connection with the other property as shown by the inventory be partitioned & divided among the following persons who are the only heirs of the intestate to wit: MRS. RACHEL WATTS widow of the deceased & this & all other property of the Estate being community property she is therefore entitled to one half. MRS. ELLEN BRADSHAW wife of JAMES BRADSHAW who had in the life time of his intestate had a house & lot advanced and given by the deceased as an advancement and that said house and lot is and was at the time at least worth $300.00 & he asks that this be taken into consideration by the commissioners in dividing the property and the following named minors of whom your reporter is guardian and also heirs of the Estate to wit: GEO. WATTS, JANE WATTS, MARTHA WATTS, LAURA WATTS, JNO. WATTS & JAMES WATTS that they & MRS. BRADSHAW are each entitled to one seventh of one half of the property belonging to said Estate. He would show that since the filing of his last report a suit has been brought by MRS. RACHEL RAINS in the District Court of Collin County, Texas seeking to recover a portion of the 3 ½ acres tract as returned on the inventory that said land is a part that was set aside to the widow & children for a homestead & that said suit is still pending in said Court & that this is the only case that has been brought against him he would also state that all the parties named above as being heirs of the deceased reside in Collin County, Texas and that all the debts against said Estate have been paid off. The premises considered he asks this report received & confirmed and that the notice required by law be given of the filing of this application and for such other & further relief as to the Court may seem proper.




Page 45




Jenkins & Muse

Attys. for Reporter


Personally appeared before the undersigned authority G. A. WILSON who on oath says that the above & foregoing report contains a true & correct statement of the matters & things to which it relates.


GEO. A. WILSON

Admr. of the Estate of GEO. WATTS, Dec.


Sworn & subscribed to before me this the 18th of August 1879.


J. M. Benge Clerk

By P. Walton Dpy.


[margin note: “order approving annual report”]


G. A. WILSON Friday September

admr. 26th 1879.

Est. GEORGE WATTS Now on this

decd. day comes to be heard the final report of GEORGE A. WILSON administrator of the Estate of GEORGE WATTS decd. and the Court being fully advised of the matters & things contained in said Exhibit ordered adjudged and decreed that the same be confirmed as annual report and it further appearing to the Court that said Estate was in such condition as would not authorize administration being closed therein it is considered ordered and decreed by the Court that administration be still kept open in said Estate and that said report be in all things confirmed except wherein it relates to the partition and distribution of the property and the advancements made to some of the heirs and the solvency or insolvency of the peoples owing different sums of money to the Estate that these matters be left open to further investigation and it is further ordered that said report be recorded by the clerk of this Court.


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


Monday September 29th 1879 Court met pursuant to adjournment.




Page 46




[margin note: “Order to continue”]


S. R. MUNCY Monday September 29th

Surviving husband 1879

LETITIA MUNCY Now on this day comes surviving husband of LETITIA MUNCEY dec. and files an inventory and appraisement of the property belonging to the Community Estate of himself and his deceased wife. Ordered by the Court that the same be continued.


[margin note:”order disapproving inventory”]


W. C. PARKER Monday September 29th

admr. 1879

Est. J. M. GATES Now on this day comes W. C. PARKER admr. of

dec. the Estate of J. M. GATES deceased and files an inventory of the Estate of said deceased. Ordered by the Court that the same be disapproved and that the administrator be allowed to withdraw same and file a more perfect one.


[margin note: “ordering approving report of commissioners”]


G. A. WILSON Monday September 29th

admr. 1879

Est. L. T. & E. B. MORRIS Now on this day came on to be heard

decd. the report of the commissioners appointed at a former day of this term to make partition of said Estate which said report being considered is in all things approved and ordered to be recorded. It further appearing from said report that said Estate is not susceptible of partition on kind and said commissioners having assessed the value of said Estate and T. L. WEBB one of the distributies (sic) having come into open court and offered to take said Estate at said appraisement it is ordered that he pay over to the administrator the interest of LYDIA E. BAXTER, JOHN M. BAXTER, Wm. C. BAXTER and SUSAN AGEE and upon doing that all their right title and interest in and to the land of said Estate be vested in him the said T. L. WEBB and that G. A. WILSON admr. pay to W. P. BAXTER Guardian of the said BAXTER heirs the shares of L. E., JNO. M. & Wm. C. BAXTER taking his receipt therefor and…




Page 47




that he retain in his hands the share of SUSAN AGEE until she become of age or some one is lawfully authorized to receive the same. And upon his paying costs & filing vouchers showing all the Estate except that of SUSAN AGEE to have been disposed off, that the administration be closed. And upon his paying off the share of SUSAN AGEE and filing vouchers that the said administrator be finally discharged.


[margin note: “commissioners Report”]


State of Texas To the County Court of

Collin County Collin County, Texas

We the undersigned who we appointed at the present term of Your Honorable Court to partition among the heirs of L. T. and E. B. MORRIS decd. the following tracts of land to wit: 101 ½ acres in the T. A. RHODES survey ½ undivided interest of 17 acres in the JOHN EMBERTON survey; ½ undivided interest of 50 acres of the W. JOHNSON survey; 44 acres in the E. HAMILTON survey and 17 acres also in the E. HAMILTON survey beg leave to report that we have gone upon & viewed the tracts of land as mentioned above & as set and in the order directing us to partition & divide said lands and that we find it impracticable to divide said lands in the manner indicated in said order and recommended that said lands be sold and the proceeds of sale distributed among said heirs. We would further report that after viewing said lands affixed the following as the value of each tract to wit: 101 ½ in the T. A. RHODES survey appraised at $500.00; ½ undivided interest in 17 acres out of the JOHN EMBERTON survey appraised at $132; the ½ undivided interest in 50 acres in the W. JOHNSON survey appraised at $350.00; 44 acre out of the E. HAMILTON survey appraised at $220.00; the 17 acres out of the E. HAMILTON survey appraised at $170.00. Witness our hands this the 23rd day of September 1879.

T. B. WILSON




Page 48




LARKIN ADAMSON(?)

H. S. MOORE


Sworn to before me this Sept. 23rd 1879.

J. M. Benge Clerk

By P. Walton Dpy.


Ordered that Court adjourn till Court in course.

T. C. Goodner

Co. Judge


[margin note:”Order Approving Inventory”]


Estate J. M. GATES Decd.


The State of Texas

Collin County In Vacation Oct. 4th

1879

Now on this day comes W. C. PARKER Administrator of the Estate of J. M. GATES Deceased and files an inventory of the belongings to said Estate and it appearing to the Court that the same is correct it is ordered that the same be approved and recorded in the minutes of the Court.


[margin note:”Inventory of Real Estate”]


Inventory


Inventory and Appraisement of the property belonging to the Estate of JAMES M. GATES Decd. made October the 3rd A. D. 1879.

Real Estate


245 acres of Land in the MARTHA HEARD Headright $3000.00

20 acres of Land in the J. RUSSELL Survey 200.00

25 acres of Land in the THOS. CHAMBERS (?) Headright 125.00


The above is all the Real Estate belonging to the Community Estate of J. M. GATES Deceased and his wife SARAH E. GATES.

14 ¾ acres of Land in the MARTIN HORN Headright $147.00

The above 14 ¾ acres includes all the land purchased by J. M. GATES since the death of his deceased wife S. E. GATES & the purchase money for the same was paid since his marriage with L.B. GATES his surviving widow.


[margin notes; “Personal Property”]


Personal Property &c.


One Bay Horse Mule 10 years old 100.00

One Bay Horse Mule 3 years old 100.00

One Bay Horse Mule 5 years old 100.00

One Sorrel Mare Mule 15 years old 25.00

One Bay Mare Mule 2 years old 75.00

One Bay Horse 5 years old 85.00

This last Horse is claimed by JAMES GATES son of J. M. GATES Deceased about 17 years of age.




Page 49





13 head of Stock cattle at 80.00

14 head of stock Hogs 59.00

Household & Kitchen furniture 110.00

1 Wagon & Harness 50.00

Farming Implements 15.00

½ Interest in One Sorghum Mill 10.00

Personal 809.00

Real Estate 3472.00


Notes Acts &c due the Estate of J. M. GATES & his Deceased wife L. E. GATES.


One Note drawn by W. D. BERRY in favor of OGELESBY KERRPTNEK (?) &c.

for the Sum of

625.00

Dated Decr. 12th 1876, due Jan. 1st 1878 with interest at 12 per cent per anning (sic)

From date order credited (?) April 11 1878 by 125.00 and by 15.00 Decr. 12 1877.


One Note for the Sum of $126.00

drawn by M. T. HALY, W. C. BRONSON & H. D. J. HALEY dated Jan. 1st 1876 in favor of

J. M. GATES due Jany. 1st 1877 Interest 12 per cent after due date credit by 50.00 Decr.

1st 1877.


One note for the sum of $150.00

drawn by E. B. HUDSON and J. C. ENGLAND dated Aug. 1st 1877 due Novr. 1st 1877

in favor of J. M. GATES. Credit for the sum of 40.00 Der. 1st 1877

Another credit for the sum of 5.00 May 1st 1879.


One note for the Sum of $150.00

drawn by S. COFFEY and H. E. REXROOD in favor of J. M. GATES dated

Oct. 22nd 1877 due Decr. 26 1878. Interest One per cent per month

from date One credit for 9.00

rated Feby. 1st 1879.

One notes for the sum of $ 39.00

drawn by J. RAIL and J. UPTON in favor of J. M. GATES dated Jan. 1st due Oct.

1st 1877 no interest specified with privilege of paying 15.00 in work.

One due bill for the sum of signed by J. T. BERRY in favor of J. M. GATES $ 55.00

dated Feby. 11th 1877 Interest 12 per cent per annum from Nov. 8th 1876 one

credit for 25.00 dated Nov. 8th 1878. The above list of notes are all the claims that we can find belonging…



Page 50


date prenions (sic) to the death of J.T M. GATES deceased wife of J. M. GATES deceased and the foregoing and attached list of live stock &c. compenses all the personal property which we find judging from dates belonging to the Community Est. of J. M. GATES and his deceased wife S. E. GATES.


Farming Implements


One Cassady Sulky Plow & his double shovel plows $45.00


Notes a/c &c.

One note for the sum of 90.00

drawn by S.B. MARSALIS, JOHN SEXTON and T. MARSALIS in favor of J. M. GATES

dated April 8th 1879 due Dec. 1st 1878 interest one percent per annum from date one credit

for 45.50 dated Aug. 2nd 1878.


One note for the sum of $125.00

drawn by M. T. HALEY and T. J. HALEY in favor of J. M. GATES dated Febry. 6th 1879

due Nov. 1st 1879 interest 12 percent per annum after due. One note for the sum of $ 50.00

drawn by J. MADDOX and F. M. MADDOX in favor of J. M. GATES dated Jany. 25th

1879 due Nov. 1st 1879, interest 12 percent per annum from date.


One note for the sum of $ 53.00

drawn by I. N. (J. N.?) THOMPSON favor of J. M. GATES dated March 20th 1879

interest one percent per month from date.


One note for the sum of $ 65.00

drawn by H. P. HOWERY and W. C. PARKER in favor of A. T. COLE on

bearing dated Dec. 3rd 1878 in favor of J. M. GATES legal interest due 6 mounts

after date interest 12 percent after due.


One note for the sum of $15.00 drawn by B. G. PARKS dated Nov. 21st 1877 due

Feby 1st 1878 in favor of J. M. GATES legal interest from date, credit March 29th 5.00

Also April 7th 1878 $5.00


One note for the sum of $ 10.00

drawn by C. L. CHANDLER and C. A. McMILLEN in favor of J. M. GATES dated

Jany. 18th 1878 due Oct. 15th 1878 interest after maturity at 8% per annum


One note for the sum of $ 10.00

drawn by H. R. RACING (?) in favor of J. M. GATES dated Jany. 6th 1879 due

Octr. 1st, 1870, no interest.




Page 51




One note for the sum of $ 9.00

drawn by N. P. COX secured by J. M. GATES farm of D. C. RYAN dated March 17th

1879 no interest.


Account without date


JOHN and JAMES BASSHAM Est. of J. M. GATES $ 8.25

T. MARSALIS due 3.00

T. G. KNIGHT 10.00

JAMES McCREARY 1.50

T. G. KNIGHT 2.00

JARED W. MARTIN 1.50

W. H. HUFF 6.25

61.25

Amt. forward from 3rd page 443.00

$504.50

This last list on pages 3 and 4. Judging from dates to be all the property belonging to

the Community Property of J. M. GATES and his surviving wife widow L. B. GATES.


Recapitulation


Real Est. of J. M. and S. E. GATES $3325.00

Personal Property brot. [brought] forward from 1st Page 809.00

Personal Property brot. forward from 2nd Page 1145.60

$5279.60


Real Estate belonging to the Community Property of J. M. GATES deceased and

L. B. GATES 147.00

Personal Property belonging to the Community Est. of J. M. GATES decd. and

L. B. GATES 504.50

Total amount of Real and Personal Property belonging to the Community Est.

of J. M. GATES decd. and L. B. GATES $651.50

Total 6581.60

Amt. of credits on notes to be deducted 335.50

$6247.10

P.S. We overlooked one notes for the sum of $ 130.00

drawn by E. B. HUDSON and J. C. ENGLAND in favor of J. M. GATES dated

June 6th 1878 due Jany. 1st 1879 interest one percent per annum from date one

credit for $100 date Mch. 8th 1879

which added to the Community Estate of J. M. GATES and L. B. GATES make it amt.

to…




Page 52




$681.50. The Total valuation of the GATES Estate without counting interest on notes

due the Est. amounts to $6277.10

We the undersigned commissioners appointed to appraise the Est. of J. M. GATES dec. do solemnly swear that the within foregoing and attached inventory and appraisement thereof is true and correct according to the best of our knowledge and belief. In testimony whereof witness our hands this the 2nd day of Oct. A. D. 1879.

B.A. McMILLEN

J. H. MARTIN

T. J. HALEY


Sworn to and subscribed before me Oct. 3rd 1879. In testimony whereof Witness my official seal and signature this 3rd day of October A. D. 1879.

John C. White

Notary Public Collin Co. Texas


I, W. C. PARKER administrator of the Estate of J. M. GATES decd. do solemnly swear that the foregoing is a full and complete inventory of said Est. so far as has come to my knowledge. Witness my hand Oct. 3rd 1879.

W. C. PARKER



Sworn to and subscribed before me this Oct. 3rd A. D. 1879. Witness my official seal and signature this the 3rd day of October A. D. 1879.

John C. White Notary Public

Collin County, Texas

Recd. & approved.

T. C. Goodner

Co. Judge




Page 53




State of Texas Be it remembered that there

Collin County was begun and held at the Court House in the City of McKinney on Monday the 17th day of November 1879 it being the November term thereof a regular term of the County Court of Collin County for Civil and probate business present and presiding Hon. T. C. Goodner County Judge, Wms. Warden Sheriff and J. M. Benge Clerk where the following proceedings were had to wit:


[margin note: “order approving annual amount”]


JOHN COX Monday November 17th

Guardian 1879. Now on this day

Est. of ELDORA HUNTER comes JOHN COX and

a minor files his annual report of the

Condition of the Estate of the ELDORA HUNTER for approval and it appearing to the Court that notice of the filing of the same has been as required by law and it further appearing that the same has laid over one term of this Court & that it is in all things correct it is in all things correct and recorded.


[margin notes: “order appointing Guardian”.



Wm. H. HOLIDAY Monday Nov17th 1879.

Vs. Now on this day came on to be heard and the petition of

M. T. D. HOLIDAY Wm. H. HOLLIDAY for guardianship of the Estate of THOMAS

Et al D., MINERVA (?) D., JULIA S., MAGGIE R. (?), MARY F. and CHARLES A. HOLIDAY and it appearing to the Court that notice of said petition has been given by citation as required by law that THOMAS D., JULIA S. & MORISON D. HOLIDAY over 14 years of age had filed with the clerk a written wavier of citation & choice of guardian that the said minors are children of W. H. HOLIDAY who resides in Collin Co. that said W. H. HOLIDAY qualified and is a proper person to act it is therefore considered by the Court that the said W. H. HOLIDAY be and is hereby appointed guardian of the Estates of said minors that he be required to give bond in the sum of one thousand Dollars conditioned as required by law that L. L. FINLEY (?), W. M. BUSH & J. A. BUCK are hereby appointed appraisers of said minors’ Estate to return…





Page 54




in (sic)


[margin note “order appointed appraisers”]


E. HOUGHTON Monday November 17th

Guardian 1879

Est. Wm. GRAHAM Ordered by the Court

Et al minors that W. C. ROBINSON, W. W. WILCOXSON and R. A. RIKE be appointed appraisers of the Estates of Wm. GRAHAM Et al minors.


[margin note: “order approving Bond”]


E. HOUGHTON Monday November 17th 1879

Guardian Now on this day comes E. HOUGHTON

Est. Wm. GRAHAM and files his bond as guardian of the

Et al minors Estates of Wm. GRAHAM et al minors for approval and it appearing to the Court that same if a good and solvent bond it is ordered that the same be approved and recorded.


[margin note: “order appointing Guardian”]


N. J. STINEBAUGH Monday November 17th 1879

vs. Now on the day comes N. J.

FRANK STALLINGS STINEBAUGH and files his

a minor application to be appointed guardian of the person of FRANK STALLINGS a minor and it appearing to the Court that notice of said application has been given as required by law and the matters and things contained therein being fully understood by the Court it is ordered that said application be granted and that letters of guardianship issue to him upon his filing a bond with approved security in the sum of 100$ & take the oath prescribed by law.


[margin note: “order probating will”]


JAS. H. MARTIN Monday Nov. 16th 1879.

vs. Now upon this day came

Est. S. M. WILKINS on to be heard the petition

Dec. of JAS. H. MARTIN to Probate the will of S. M. WILKINS deceased and for letters testamentary and it appearing to the Court that the writing produced in Court is the last will and testament of S. M. WILKINS who died in Collin County Texas on the 22nd day of September A. D. 1879 that said WILKINS was at the time of making the same [a] lawfully married man above 21 years of age and of sound mind and that after hearing evidence of the Execution of said will taken in…




Page 55




open Court and reduced to writing and being fully satisfied with the same it is ordered by the Court that said will be admitted to probate and it is further ordered that said will together with the application for the probate thereof and all the testimony in the case be recorded in the minutes of this Court. And it further appearing to the Court that JAMES H. MARTIN was appointed one of the Executors of said will that he is qualified and willing to accept the trust it is therefore considered by the Court that letters testamentary be granted to said JAMES H. MARTIN upon his entering into a bond in the sum of five thousand five hundred dollars and taking the oath prescribed by law within twenty days from this date.


[margin note: “order appointing appraisers”]


JAMES H. MARTIN Monday Nov. 17th 1879

vs. Ordered by the Court that

Est. S. M. WILKINS W. C. PARKER, J. F. BUTTES

Dec. and C. A. McMILLEN be appointed

appraisers of the Estate of S. M. WILKINS dec.


[margin note: “ continuance”]


B.W. HAMPTON Monday Nov. 17th 1879

Guardian Now on this day comes

Est. Wm. O’GUINN B. W. HAMPTON and files

Minor an annual Report of the

Condition of the Est. of Wm. O’GUINN a minor. Ordered by the Court that the same be continued by operation of the law.


B.W. HAMPTON Monday Nov. 17th 1879

Guardian Now on the day comes

Est. MARY O’GUINN B. W. HAMPTON and files

Minor an annual report of the condition of the Est. of MARY O’GUINN a minor. Ordered by the Court that the same be continued by operation of the law.



[margin note: “order requiring Guardian to file new bond.”]


L. BUTLER Monday November 17th 1879

vs. Now on this day comes L. BUTLER

M. H. ALEXANDER and files his application to be relieved

Guardian from any further liability on bond of

M. H. ALEXANDER as guardian of M. W. & J. D. PARRISH minors & prays the Court to…




Page 56




.said guardian to file a new bond and it appearing to the Court that said ALEXANDER has been served according to law, it is ordered that said be granted and that the said ALEXANDER file a new bond within 10 days conditioned according to law.


[margin note: “order appointing administrator’]



J. L. DOGGETT Monday November 17th 1879

vs. Now on this day comes L. D.

Est. J. H. NIX DOGGETT and files his application

decd. to be appointed administrator of the Estate of J. H. NIX deceased and it appearing to the Court that said NIX died without leaving any will & that notice of the filing of said application has been given according to law it is ordered and decreed by the Court that the same be granted and that letters of administration issue to him upon his filing a bond with approved security in the sum of Four Hundred dollars and taking the oath prescribed by law.


[margin note: “order approving inventory”]


E. HOUGHTON Monday Nov. 17th 1879

Guardian Now on this day comes

Est. Wm. GRAHAM E. HOUGHTON and files an

Et al minors inventory and appraisement

of all property both real and personal belonging to the Estate of Wm. GRAHAM Et al minors and it appearing to the Court that the same contains a full and complete list of property belonging to said Estates it is ordered that the same be approved and recorded.


[margin notes: “ ordered approving bond”]


M. H. ALEXANDER Monday Nov. 17th 1879

Guardian Now on this day comes

Ests. of M. W. & J. D. M. H. ALEXANDER and

PARRISH minors files his bond for approval

as guardian of the Estates of M. W. & J. D. PARRISH minors and it appearing to the Court that the sureties on said bond are good and solvent it is ordered…




Page 57




by the Court that the same be approved and recorded.


[margin notes: “order appointing Guardian”]


A.J. HICKMAN Monday November

vs. 17th 1879. Now on this

Est. MARTHA H. HICKMAN a minor day came on to be heard

before the Hon. T. C. Goodner Judge the application of A. J. HICKMAN in the cause to be appointed guardian of the Estate of MARTHA H. HICKMAN formerly MARTHA H. PILLON (?) and it appearing to the Court that notice required by law has been issued and served upon said minor for (?) 20 days before the present term of the Court as required by law in such cases & it appearing further to the Court that the said MARTHA HANNAH HICKMAN and A. J. HICKMAN are lawfully married and are living together as husband and wife and that they are both citizens of the said County of Collin state of Texas and that said MARTHA HANNAH HICKMAN is a minor of 19 years of age and is interested (?) in the Estate of J. PILLON deceased late of Giles County Tennessee in the sum of Four Hundred and twenty four 17/100 (424.17) Dollars and that prior to her marriage to said A. J. HICKMAN she was a citizen of Giles County Tennessee and that one ASBERRY MORROW a citizen of said county of Giles [County] Tennessee was appointed guardian of said MARTHA HANNAH and to manage and control her said Estate by the County Court of Giles County, Tennessee and that said minor removed from County of Giles Tenn. to this County and state and that the Estate of said MARTHA HANNAH HICKMAN amounting to four Hundred and twenty four 17/100 ($424.17) Dollars is still in the said county of Giles in the hands of said ASBERRY MORROW former guardian and that said minor has no lawfully appointed guardian in this county or state and that it is to every interest of said MARTHA HANNAH HICKMAN that she have a guardian appointed by this Court to take charge of said Estate and control the same and it further appearing…




Page 58




to the Court that said A. J. HICKMAN is a suitable person to be appointed guardian of the said Estate of said minor and that the said minor requests the Court to appoint the said A. J. HICKMAN guardian of her said Estate. It is therefore ordered that said application be granted and that letters of guardianship of the Estate of said MARTHA HANNAH HICKMAN issued to said A. J. HICKMAN upon his filing a good and solvent bond in this Court in the sum of Eight hundred and forty-Eight 34/100 ($848.34) Dollars to account for the Estate of said minor as required by law and taking the oath prescribed by law.


[margin notes: “Bond”]


The State of Texas Know all men by these present that we A. J. HICKMAN as principal and

Collin County R. D. HICKMAN, G. A. SPENCER and J. W. LOVELL as sureties acknowledge ourselves firmly indebted and bound unto T. C. Goodner Judge of the County Court of Collin County, Texas and his successors in office in the sum of Eight Hundred and forty Eight 34/100 ($848.34) Dollars conditioned that the said A. J. HICKMAN will faithfully discharge the duties of guardian of the Estate of MARTHA HANNAH HICKMAN, formerly MARTHA HANNAH PELLON who is a minor until discharged by law and also conditioned that the said A. J. HICKMAN as such Guardian will account for and pay over to the said minor according to the laws of this state the money and Estate of said minor which the said A. J. HICKMAN shall receive of ASBERRY MORROW as such former guardian in the said county of Giles state of Tennessee the sum of Four Hundred and twenty four 17/100 ($424 17/100) dollars belonging to said minor. Witness our hands this 17th day of November 1879.


his

A.J. x HICKMAN

mark

R. D. HICKMAN

G. A. SPENCER

J. W. LOVELL




Page 59




[margin note: “Oath”}


I, A. J. HICKMAN do solemnly swear that I will well and truly perform and discharge all the duties incumbent upon me as guardian of the Estate of MARTHA HANNAH HICKMAN a minor to the best of my ability.

his

A.J. x HICKMAN

mark

Sworn to and subscribed before me this the 19th day of November 1879.

J. M. Benge Clerk

By P. Walton Dpty.


A.J. HICKMAN November 17th 1879

Guardian of Now on this day comes

Est. of MARTHA A. J. HICKMAN an[d] gives

HANNAH HICKMAN his bond __? this Court for

a minor approval as guardian of the Estate of MARTHA HANNAH HICKMAN a minor which Estate is in Giles County Tenn. in the hands of ASBERRY MORROW as former guardian amounting to the sum of Four Hundred and twenty four 17/100 Dollars with R. D. HICKMAN, G. A. SPENCER and J. W. LOVELL as securities on said bond in the sum of Eight hundred and forty Eight 34/100 Dollars and it appearing to the satisfaction of the Court that the said A. J. HICKMAN and securities are solvent and good for the penalty on said bond it is ordered that the Court that said bond it is ordered by the Court that said bond be approved and recorded



W. L. CAMPBELL Monday Nov. 17 1879

Extr. Now on this day comes

Est. JACOB ROUTH W. L. CAMPBELL

Decd. Executor of the Estate of JACOB ROUTH deceased and files an inventory & appraisement of said Estate for appraisal by the Court and it appearing to the court that said embraces a full and complete list of all property—both real & personal belonging to said Estate & is a fair valuation of the same it is ordered that the same be approved and recorded.


[margin note: “Jacob Routh inventory”]


Est. of JACOB ROUTH


Inventory and appraisement of the property real and personal belonging to the Estate of…




Page 60




JACOB ROUTH dec’d.


All Common Property


518 acres of land JOHN W. VANCE survey valued at $ 7000.00

320 acres of land L. M. MARSHALL survey valued at 1920.00

77 acres of land THOS. VANCE survey valued at 480.00

320 acres of land SEABOURN & CLEMENTS survey valued at 1920.00

60 acres of land MOSES SPARKS survey valued at 360.00

17 acres of land ISIAH CLIFTON survey valued at 100.00

440 acres of land F. D. GARY survey valued at 1000.00

352 acres and land DAVID CRIST survey valued at 1750.00

House & lot in City of Dallas valued 300.00

Real Estate value $14930.00



1 stallion .00

1 Jack 100.00

32 Horses mares two yr. old 1020.00

35 mules 1197.50

5 work Horses & mule 270.00

9 Head cattle 60.00

44 Head Hogs 70.00 value Personal Property 2717.50

$17.647.50


List of claims due and owning to said Estate all common property


name

date

due

amt.

Askins

Jan 30th 79

Oct 15-79

$110.00

Bolton

Feby 24th 79

Oct. 15-79

95.00

Howell

Feby. 1st

Feby 1-79

72.45

Brimson

Oct. 15th-78


100.00

Cristinn

a/c


100.00

Skelton

a/c


60.00

James Brown

a/c


40.00


Notes against Estate:


J. ROUTH & W. L. MERANY 259.00

J. ROUTH 350.00 50$ paid


State of Texas

Collin County Before the undersigned authority personally appeared W. L. CAMPBELL Executor of the last will of JACOB ROUTH dec. who after being duly sworn says that the foregoing inventory and list of claims due and owning to the Estate of the said JACOB ROUTH decd. is a full and complete inventory and list of the property and claims of said testator that has come to his knowledge.


W. L. CAMPBELL

Executor


Sworn to and subscribed before me this Oct. 11th 1879.

Charles T. Morris

Notary Public Collin Co., Texas


State of Texas

Collin County Before the undersigned authority…




Page 61




personally appeared P. H. LYLES, J. K. ALDRIDGE and L. W. OGLESBY duly appointed and lawfully sworn say that as far was produced to them by W. L. CAMPBELL Executor the above and foregoing inventory and appraisement of the Estate both real and personal of JACOB ROUTH deceased to the best of their Judgment and understanding.


P. H. LYLES

J. K. ALDRIDGE Appraisers

L. W. OGLESBY


Sworn to and subscribed before me Oct. 13th 1879.

Charles T. Morris

Notary Public Collin Co. Texas



[margin note: “application to Probate will”]


The State of Texas County Court

County of Collin Nov. term A. D. 1879.

JAMES H. MARTIN a citizen of Collin County respectfully represents that S. M. WILKINS died on the 22nd day of Sept. 1879 at his residence in Collin County leaving real & personal property of the estimated value of three thousand dollars and a will duly executed that petitioner was named Executor in said will and is capable of receiving letters testamentary; that VERONICE WILKINS was also named one of the Executors of said will but she does not desire to act wherefore he prays that due notice of this application be given according to law that said will be probated & for letters testamentary & for general relief.


Barnes & Wolfe

Attys. for MARTIN

Filed Oct. 6th 1879

J. M. Benge Clerk


[margin note: “Notice”]


The State of Texas In the County Court

County of Collin To the Nov. term 1879.

The State of Texas to the Sheriff or constable of Collin County. Greetings. You are hereby commanded to cause to be posted in three of the most public place in your county, one of which shall be at the Court House door copies of the following notice: The State of Texas. To all persons interested in the administration of the…



Page 62




Estate of S. M. WILKINS dec. J. H. MARTIN has filed in the County Court of Collin County an application for the probate of the last will and testament of the Estate of S. M. WILKINS dec. which will be heard at the next term of said Court commencing on the 3rd Monday in November 1879 at the Court House thereof in the City of McKinney at which time all persons interested in said Estate may appear and contest said application if they see proper. Herein fail not under penalty of the law and of this and make due return. Issued the 6th day of Oct. 1879.

Witness J. M. Benge Clerk of

said Court and the seal thereof at office

in the City of McKinney this 6th day of

L. S. 1879.

J. M. Benge Clerk

of the County Court Collin County


[margin note: “shiffs Return”]


Sheriff’s Return


Came to hand the 6th day of Oct. 1879 and Executed same day by posting copies of the within in three public places in the county one of which was at the Court House door.


Wms. Warden

Sheriff of Collin County

By J. W. Waddill D. S. Shffs. ____?


[margin note: “will”]


In the name of God Amen. I, S. M. WILKINS of the state of Texas County of Collin Being of sound mind and disposing memory for which I thank God and calling to mind the uncertainly of life and being desirous to dispose of all such worldly Estate as it has pleased God to bless me with, I give and bequeath the same in the following manner: 1st I give and bequeath my soul to God who gave it and my body to the earth from which it was taken.

Second I Give and bequeath my beloved wife VERONICE WILKINS one thousand dollars in cash.

Third I will that my Estate both real and personal be sold for cash or on such terms as my Executor may think best and that the one thousand dollars bequeathed to my wife VERONICE WILKINS be paid to her out of the first money collected.

Fourth I will that after the Expenses of decent internment is paid that the balance of my Estate be divided among my following named children…




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and other persons that I hereafter named. To SUSANNAH L. SMOOT one hundred dollars. To E. M. WILKINS three hundred dollars. To T. A. WILKINS two hundred and fifty Dollars. My other two children JOHN F. WILKINS and NANCY JANE TARPLY I have given all that I intended to give them.

To the Board of Missions of the Cumberland Presbyterian Church three hundred dollars provided there shall be that amount after paying to the other persons named the amount bequeathed to them. I do hereby revoke all other wills as testament heretofore made by me. I appoint my wife VERONICE WILKINS and JAS. H. MARTIN as my Executor of this my last will and testament. Witness my hand and seal this the 17th day of December 1878.

S. M. WILKINS


Witnesses

J. J. STRAIN

J. F. BUTLER

C. B. HODGES


[margin note: ‘Proof of will”]


The State of Texas, In the Hon. County Court of Collin County J. F. BUTLER being duly sworn says that he was present at the residence of S. M. WILKINS in Collin Co. Texas on the 17th day of December A. D. 1878 and that the said S. M. WILKINS signed the will now upon file in this Court in his presents [presence] and that he the said J. F. BUTLER and J. J. STRAIN & C. B. HODGES signed the same as subscribing witnesses at the request of the said S. M. WILKINS and that he the said J. F. BUTLER & J. J. STRAIN & C. B. HODGES were all at that time above the age of fourteen years and that at the time the said tester was of sound mind.

J. F. BUTLER


Sworn to and subscribed before me in open court Nov. 17th 1879.

J. F. Benge Clerk

County Court Collin Co. Texas



[margin note: “J. H. NIX” “application for administration”]


In the Estate of JOHN In the County Court

H. NIX decd. of Collin County—November

Term A. D. 1879. To the Hon. T. C. Goodner County Judge of Collin County.

Your petitioner J. W. DOGGETT a resident citizen of Collin County would respectfully represent…




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and show to the Court that one JOHN H. NIX lately departed this life in Collin County Texas on or about the 10th day of October A. D. 1879 that he left no will that he died intestate that he has no relations in Collin County and that he has no relatives in the state of Texas who are known to your petitioner that at the date of his said death he was a resident of Collin County Texas and died seized and possessed of about one half acre of land in the City of McKinney Collin County of the value of One hundred and twenty five Dollars and some little personal property of the value of twenty five Dollars that the larger portion of his Estate is situated in Collin County Texas that there exists a necessity for the granting of letters of administration on said Estate from the fact that the said JOHN H. NIX died indebted to DR. (blank) CAIN and others to the amount of One Hundred dollars as Your petitioner is informed and believes that at the request of the creditors as your petitioner is filing this application wherefore your petitioner prays that on the hearing hereof he be granted letters of administration on said decedent’s Estate.


De Armond & Doggett

Attys. for petitioner


[margin note: “J. H. NIX notice”]


The State of Texas

County of Collin In the County Court.

To the November term 1879. The State of Texas. To the Sheriff or Constable of Collin County. Greetings. Your are hereby commanded to cause to be posted in three of the most public places in your county one of which shall be at the Court House door copies of the following notice. The State of Texas to all persons interested in the administration of the Estate of JOHN H. NIX,. J. L. DOGGETT has filed in the County Court of Collin County an application to be appointed administrator of the Estate of JOHN H. NIX dec. which will be heard at the next term of said court commencing on the 3rd Monday in Nov. 1879 at the Court House thereof in the City of McKinney at which time all persons interested in said Est. may appear and contest said application is they see proper.

Herein fail not under the penalty of law and of this ___(writ?) make due return.




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Issued the 5th day of Nov. 1879.Witness J. M. Benge Clerk of said court and seal thereof at office in the City of McKinney this 5th day of Nov.1879.

J. M. Benge Clerk of the

County Court of Collin County.

By P. Walton D. C.


[margin note: “Sherriff’s return”]


Came to hand the 5th day of Nov. 1879 and executed same day by posting copies of the same within in three public places in the County, one of which was at the Court House door.

Wms. Warden Sheriff

Collin County

By R. O. Johnson D. S.


[margin note:”ELDORA HUNTER, minor” and “annual report”]


State of Texas In Collin County Court

Collin County September term 1879.

To the County Court of Collin County Texas. JOHN COX guardian of the person & Estate of ELDORA HUNTER a minor begs leave to file the following as an Exhibit of the condition of said minor’s Estate. He would show that his last report showed that he had in his hands money & property belonging to his ward to the amount of $772.98/00, that he according to his last report filed Oct. 5th 1879 he had Expended for his war $159.38/100 now he would state that the $772.98/100 consisted of a tract of land about 50 acres worth about 600.00 a note and interest on U. C. HARLESS for $100.00 and the remainder $70.00 in money he would state that he has collected as rent of his ward’s property for the year 1877 $80.00 and the year 1878 $100 and $5.00 part of the HARLESS note marking a total of collections of $185.00 which added to the amount on hand at time of last report would make $255.90 he would state that he has paid out the following amounts as given below.

Amt. paid G. R. YANTES voucher no. 1 $ 5.89

Amt. paid L. W. OGLESBY voucher no. 2 5.20

Amt. paid Simmons voucher no. 3 1.50

Amt. paid J. A. ASTON April 8th 79 15.48

Amt. paid Neathery & Church April 18-79 9.17

Amt. paid Neathery & Church 15.46

Amt. paid Neathery & Church 19.34

Amt. paid Neathery & Church June 2/79 9.85




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Amount paid J. A. ASTON May 1879. $ 10.34

Amount paid J. A. ASTON Mch. 8 1879 1.80

Amount paid Neathery & Church July 8—72 2.13

Amount paid A. & J. FRANKEL voucher no. 4 2.35

Amount paid S. HARRISON Oct. 4—1877 2.37

Amount paid for repairing fence & building house $118.80

Total amt. paid out $218.48

He would state that this would leave in his hands a balance in money of $37.42 belonging to his ward, he would also state that on the hearing of this report he will produce voucher for each item of expenditure or produce satisfactory evidence that said items of Expenditure are just & correct. He would further show that he still has the note of $100.00 on W. C. HARLESS in his hands that the same is unpaid except the amount herein stated that the note is bearing a good rate of interest and is on a solvent party and ___? in conclusion he states that there has been no charge in the property of his ward except as herein stated and he asks this report be received and copied (?).


JOHN COX


JOHN COX being sworn says the above report contains a true & correct statement of the matters & things to which it relates.

Sworn to & before me this Aug. 11th 1879.

J. M. Benge Clerk

Co. Court Collin Co. Texas


[margin note: “W. M. & J. D. PARRISH” “Bond”]


State of Texas Estate of W. M. & J. D. PARRISH

Collin County minors

Know all men by these presents (sic) that we M. H. ALEXANDER & D. M. STUART & Wm. H. WELBOURN as principal and (blank) whose residence is in the County of Denton State of Texas as security are bound unto the unto the County Judge of Collin County and his successors in office in the sum of twenty six Hundred dollars conditioned that the said M. K. ALEXANDER shall well and faithfully perform all the duties incumbent upon him as guardian of the Estate of W. M. & J. D. PARRISH minors Witness our hand this (blank) day of (blank) A. C. 1879.


M. H. ALEXANDER

D. M. STUART

Wm. H. WELBORNE




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I do solemnly swear that I will well and truly perform all the duties of Guardian of the Estate of Wm. & D. P. PARRISH minors.

M. H. ALEXANDER


[margin note: “Oath”]


Sworn to and subscribed before me this 12th day of Nov. A. D. 1879.

B.C. Sruggs

Co. Judge D.C. T.

Filed Nov. 14th 1879.

J. M. Benge Clerk

By P. Walton Dpy.


[margin note: “T. D. HOLLIDAY et als”, “Petition for Guardianship”]


The State of Texas Count Court November

County of Collin term A. D. 1879

To the Hon. County Court of said County.

Wm. H. HOLLIDAY a citizen of Collin County respectfully represents that:


Thomas D. Holliday

age

months

years

Minerva A.

Julia S.

17

Maggie J.

12

Mary F.

10

Charlie A.

6


(note: this data is as appears in the document; perhaps the numbers refer to the years of age of the four children but then no ages are given for the first two children)


All minors each entitled to an Estate of about Eighty Dollars in value that said minors and (?) his children & have no legal guardian of their said Estates wherefore he prays that due notice of his application for guardianship be given that he be granted letters of guardianship for said minors’ Ests. and genrl. relief.


Baines & Wolfe attys.

for W. H. HOLLIDAY

Filed Sept. 29th 1879.

J. M. Benge Clerk

By P. Walton Dpy.


[margin note: “service waived”]


The State of Texas

County of Collin County Court Nov. term A. D. 1879.

In the matter for the guardianship of our Estates by W. H. HOLLIDAY the undersigned hereby accept service and that he the said W. H. HOLLIDAY be appointed guardian of our said Estates.

T. D. HOLLIDAY

JULIA S. HOLLIDAY

MINERVA A. HOLLIDAY

Filed Oct. 29th 1879.

J. M. Benge Clerk

By P. Walton Dpy.




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[margin note: “notice”]


The State of Texas In the County Court

County of Collin To the Nov. term 1879

The State of Texas to the Sheriff or Constable of Collin County—Greetings. You are hereby commanded to cause to be posted in three of the most public places in Collin County one of which shall be at the Court House door copies of the following notices.

State of Texas: To all persons interested in the welfare of the Estate of THOS. D., MONVERA (sic), A., JULIA S., MAGGIE P., MARY F. & CHARLIE A. HOLLIDAY minors—W. H. HOLLIDAY has filed in the County Court of Collin County an application to be appointed guardian of the Estates of said minors, which will be heard at the next term of said Court commencing on the 3rd Monday in Nov. 1879 at the Court House thereof in the City of McKinney at which time all persons interested in said Estates may appear and contest said application if they see proper. Herein fail not under penalty of law and of this writ make due return. Issued the 7th day of Oct. 1879. Witness: J. M. Benge Clerk of said

Court and the seal thereof at office

L. S. in the City of McKinney this 7th day

of Oct. 1879.

J. M. Benge Clerk

of the County Court of Collin Co.

By P. Walton D. C.


[margin note: “Sheriff’s Return”]


Came to hand the 7th day of Oct. 1879 and Executed same day by posting copies of the within in three public place in the County one of which was at the Court House door.


Wms. Warden

Sheriff of Collin County

By Josh (?) Waddin D. S.


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


Tuesday November 18th 1879 Court met pursuant to adjournment.




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[margin notes: “R. D. BUMPASS”; “Order approving Inventory”]


JOHN CHURCH Tuesday November

admr. 18th 1879.

Est. R. D. BUMPASS Now on this day comes

Deceased JOHN CHURCH administrator

of the Estate of R. D. BUMPASS Dec. and files an inventory and appraisement of said Estate and it appearing to the satisfaction of the Court that the same contains a full and complete list of all property both Real & personal belonging to said Estate and is a fair valuation of the same, it is ordered that the same be approved and recorded.


[margin note: “S. M. WILKINS”]


HOMER L. SMOOT Et al Tuesday November

vs. 18th 1879.

Est. S. M. WILKINS Now on this day comes

decd. HOMER L. SMOOT Et al.

and moves the Court to set aside the probate of the will of S. M. WILKINS deceased and the matters and things being heard and fully understood by the Court it is ordered that the same be overruled to which ruling plaintiff accepts and give notice of appeal.


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


Wednesday morning 9 o’clock Court meets pursuant to adjournment.


[margin notes: “T. D. HOLLIDAY et al”; “order approving Bond”]


W. H. HOLLIDAY Wednesday November 19th

Guardian 1879.

Ests. THOS. D. HOLLIDAY Now on this day comes W. H.

Et als—minors HOLLIDAY guardian of the Estates

of THOS D. HOLLIDAY Et als minors and files his bond 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.


[margin note: “ordered approving Inventory”]


W. H. HOLLIDAY Wednesday November 19th

Guardian 1879. Now on this day comes

Est. THOS. D. HOLLIDAY W. H. HOLLIDAY guardian of

Et als. the Estates of THOS. D. HOLLIDAY Et als

minors and files an inventory and appraisement of the Estate of THOS. D. HOLLIDAY Et al minors and…




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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 by the Court that the same be approved and recorded.


[margin note: “order probating will”; “JOHN HUFFMAN”]


JOSEPH W. BAINES Wednesday November 19/79

vs. Upon the hearing of the

Est. JOHN HUFFMAN petition of JOSEPH W. BAINES

for the probate of a certain instrument of writing now on file and produced in the Court, purporting and alleged to be the last will of JOHN HUFFMAN deceased and for letters testamentary therein and the Court being satisfied that from the Evidence that JOSEPH FOREMAN which was taken in open court and reduced to writing subscribed & sworn to and filed with the papers in the cause that the said will should be admitted to probate it is ordered & decreed that said instrument of writing is proved and be recorded together with the application for the probate thereof and all the testimony in the case as the last will and testament of said JOHN HUFFMAN deceased in the minutes of this court and it is further ordered that letters testamentary thereon be issued to said JOSEPH W. BAINES upon his taking the oath prescribed by law within 20 days from date and it is further ordered and decreed that J. S. DOWELL, G. H. HEARNDON, A. E. QUISENBERRY & W. J. JOHNSON be appointed to appraise the Estate of the deceased.


[margin notes: “Petition for Probate of will”]


The State of Texas County Court Nov. term A. D.

County of Collin 1879. To the Hon. County Court

of said County. JOS. W. BAINES a citizen of Collin County respectfully represents that JOHN HUFFAMN died at his residence in said county upon the 8th day of October A. D. 1879 leaving an Estate of the Estimated value of twenty thousand dollars and a will duly Executed. That petitioner was named by the said decedent in said will as Executor thereof and is capable of receiving lettering testamentary wherefor he prays that due notice of this petition be given that said will be admitted to probate & recorded and for letters testamentary and for general relief.

JOS. W. BAINES



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Updated: January 02, 2011
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Sue Patterson