1881-1882 Probate Minutes - 1881-1882 - Volume B-2 - pp 61-123


Collin County Probate Minutes B-2

 

May Term 1881

 

Page 61

 

Monday May 23d 1881

 

MARY DOWELL (colored)                                 Monday May 23d

             vs.                                                              A. D. 1881

F. M. DAVIDSON admr.                                      Now on this day came on to heard the complaint of

Estate of T. T. BRADLEY decd.                        MARY DOWELL (colored) filed in this Court on the 13th day of April against  F. M. DAVIDSON administrator of the estate of T. T. BRADLEY decd. praying the Court to compel said F. M. DAVIDSON to make out and deliver to her a deed in fee simple to the lot of land herein after described to wit: situated in Collin Count  Texas on the waters of Wilson’s creek about one fourth of a mile South from the public Square in the town of McKinney being a part of a survey made in the name of EDWARD BRADLEY beginning at the North West corner of a lot sold by T. T. BRADLEY to JAMES McFATRIDGE a bois d’arc stake—Thence South 130 feet a stake (in) said McFATRIDGE’S South West corner Thence West 83 ½ feet in The North 130 feet Thence East 83 ½ feet to the beginning containing ¼ acre of land be the same more of less; and it appearing to the Court that legal notice had been given hereof and it further appearing to the Court from the testimony that said T. T. BRADLEY in his lifetime entered into a written contract whereby he agreed to convey the above described premises to the said MARY DOWELL upon her paying therefore the sum of thirty one 25/100 dollars; and it further appearing to the Court that the said MARY DOWELL paid the said T. T. BRADLEY in his lifetime on said premises the sum of twenty six dollars and she having deposited with the clerk of this Court the further sum of five 25/100 dollars the balance due on said premises under said contract a tender of which sum had been duly made the said DAVIDSON by the said MARY DOdWELL before the filing of the complaint herein, and it further appearing to the Court that the said T. T. BRADLEY in his lifetime had caused said premises to be surveyed off to the said MARY DOWELL under said contract and had place the said MARY DOWELL  in the full and absolute possession of said premises under said contract and it further appearing to the…

 

 

 

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…Court that the said MARY DOWELL had made permanent and valuable improvements on said premises during the lifetime of said T. T. BRADLEY under said contract with his full knowledge consent and approbation; it is considered by the Court that said complaint be in all things granted; and it is ordered adjudged and decreed by the Court that F. M. DAVIDSON administrator of the estate of T. T. BRADLEY deceased make out and deliver to the complainant the said MARY DOWELL in fee simple all the estate right title and interest which the said T. T. BRADLEY has or had in and to the premises herein above described and it is further ordered and adjudged that the title to said premises be and the same is hereby vested in the said MARY DOWELL; it is further ordered that the F. M. DAVIDSON admr. of said estate receive the said sum of five 25/00 deposited in this court by said MARY DOWELL and that the said F. M. DAVIDSON administrator of the estate of said T. T. BRADLEY decd. pay all costs of this proceeding and of the making of said deed under this order.

 

 

Estate of                                                                Collin County Court

W. M. DERRICK decd.                                       May Term 1881

                                                Now comes H. F. DERRICK and asks the Court to annul the order made at a previous day of this term of Court in so far as the same appoints this applicant sole administrator of Estate of WM. M. DERRICK decd. and asks that JAS. L. GREER be appointed co-Administrator with this applicant. He shows that said GREER resides in Collin County Tex. & is competent to act as administrator on said Estate. Wherefore he prays that this applicant and said GREER be appointed Administrators of said Estate, that appraisers be appointed and for general and special relief.

                                                                                                                Jenkins & Muse

                                                                                                                Attys. for applicants

 

 

 

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(written in margin: Order on Application)

 

H. F. DERRICK                                                    May 21st 1881

Estate of                                                                Motion and Application

W. M. DERRICK Decd.                                       Now on this day came on to be heard the motion and application of H. F. DERRICK to annul an order so far as it appoints him sole administrator of the Estate of W. M. DERRICK Decd.; also the application to appoint JAS. L. GREER joint administrator with him and the matters and things therein being fully understood by the Court said petition is granted and ordered that H. F. DERRICK & J. L. GREER be appointed joint administrators upon their filing a good and solvent bond in the sum of Eight thousand Dollars and taking the oath prescribed by law.

 

written in margin: Motion

 

SUSAN BRADLEY                                              In the County Court

             vs.                                                              of Collin Co., May term A. D. 1881

Estate of T. T. BRADLEY                                   And now comes SUSAN BRADLEY in the above state case and moves the Court to strike from the Inventory of the said T. T. BRADLEY filed in said Court the following items to wit:

1st item no. (blank) on said inventory consisting of a hack (?) & horses.

2nd item no. (blank) on said inventory consisting a bay mare about six years old & her colt about (blank) and her other colt about (blank)

                                And says that said property was donated by said BRADLEY to her long before his death & that she thereby became and now is the owner of said property in her own right & that the same does not belong to said estate.

                                                                                RICHARD MATTBIE

                                                                                Atty. for SUSAN BRADLEY

 

written in margin: Order on Motion

 

SUSAN BRADLEY

                surviving wife                                       May 23d 1881

v. Estate of T. T. BRADLEY Decd.                   Now on this day came on to be heard the motion of SUSAN BRADLEY to strike from the Inventory of the Estate of T. T. BRADLEY certain Items of Inventory and the matters and things in said motion being…

 

 

 

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…seen and fully understood by the Court, it is ordered that said motion be granted as to the carriage and peff. (?) dismissed items as to the mare and colt.

 

 

written in margin: Motion

 

SUSAN BRADLEY                                              In the County Court  of Collin

             vs.                                                              County

The Estate of T. T. BRADLEY                           And now comes SUSAN BRADLEY widow of T. T. BRADLEY in the above stated case & says that she is willing to take three Cows & twenty head of Hogs found in Kind in the community estate between herself & T. T. BRADLEY. The most of the personal property & household goods in the estate of said BRADLEY is community property between him & his former wives (sic) and she is unwilling to take the same. Wherefore she moves the Court to make her an allowance in lieu of the Exempt property not found in Kind which She is willing to take except as above stated.

                                                                                                RICHARD MATTBIE

                                                                                Atty. for SUSAN BRADLEY

 

SUSAN BRADLEY                                              Motion to set aside

             vs.                                                              exempt property & for allowance not found

The Estate of T. T. BRADLEY                           in kind.                   May 23d 1881

                                                                And now on this day comes on to be heard the motion of SUSAN BRADLEY to set aside exempt property and for allowance not found in Kind in the Estate of T. T. BRADLEY Decd. and the matters and things in said motion being seen and fully understood by the Court; it is ordered by the Court that the personal property belonging to the Community Estate of T. T. BRADLEY Decd. and his surviving widow found in Kind upon the Inventory of said Estate be set apart to his widow & minor children and an allowance of $400 in money in lieu of property not found in kind be made 4/6 of the same to be paid said Widow and her minor child THOMAS BRADLEY & 2/6 to the Guardian of LOU & HATTIE BRADLEY minors.

 

SUSAN BRADLEY                                             

             vs.                                                              In the County Court 

The Estate of T. T. BRADLEY                           of Collin. And now comes SUSAN BRADLEY surviving widow of T. T. BRADLEY and moves to Court to grant an allowance…

 

 

 

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…for a year’s support for herself, LULA BRADLEY, HATTIE BRADLEY & TOMMIE BRADLEY. She represents that LULA BRADLEY is 13 years, HATTIE 11 years old & TOMMIE is two years old.

 

                                                                                RICHARD MATTBIE

                                                                                Atty. for MRS. BRADLEY

 

SUSAN BRADLEY                                              Motion to set aside year’s

             vs.                                                              support

The Estate of T. T. BRADLEY Decd.               May 23d 1881

                                                                                Now on this day comes on to be heard the motion of SUSAN BRADLEY for the Court to make allowance for year’s support of herself & minor children of T. T. BRADLEY Decd. and the matters and things in said motion being seen and fully understood by the Court and said is motion Granted; & it is further ordered that $350.00 be allowed for year’s support of said widow and minor children to be paid by Administrator of said Estate in some manner and to the said persons on the allowance in lieu of exempt property made at this term of the court

 

 

SUSAN BRADLEY                                              May 23 1881

             vs.                                                              Motion to set apart Homestead

The Estate of T. T. BRADLEY Decd.               Now on this day came on to be heard the motion of SUSAN BRADLEY to set apart as Homestead  ofet (?) of the Estate of T. T. BRADLEY and the matters and things therein being seen and fully understood by the Court the said motion is accordingly granted and 18 acres in T. T. BRADLEY sur. on which dwelling house is situated; 38 ½ acres in the ED BRADLEY survey adjoining the D. HOWELL Place; 140 acres in the R. H. LOCKE survey on Wilson Creek on which there is a small farm set apart as a Homestead & the same ordered to be stricken from the said T. T. BRADLEY Estate.

 

 

J. M. HODGES  admr                                         Final account.

Est. of                                                                     May 24th 1881

L. P. HODGES Decd.                                          Now on this day this cause is ordered to be continued for want of sufficient Notice.

 

 

 

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S. C. THOMPSON                                               Application for

Est. of                                                                     administration

SARAH B. STEDHAM                                        May 24 1881

                                                                                Now on this day this cause is ordered to be continued .

 

written in margin: Order Grantd. Letters admr.

 

S. M. BROWN                                                      Application for

Persons of Estates                                              Guardianship

THOS.  A. JUSTICE et al minors                      May 21 1881

Now on this day came on to be heard the application of S. M. BROWN to be appointed Guardian of the persons and Estates of THOS. A. JUSTICE (JUSTUS) et al minors; and it appearing to the Court that the notice required law had been given and no objection being made thereto said application is accordingly granted that letter of administration issue to said S. M. BROWN upon his filing a good and solvent bond in the sum of five hundred Dollars and taking the oath prescribed by law; and it is further ordered that JOHN F. GRIFFITH, Wm. WARDEN and J. T. HILDRETH be appointed to value said Estate.

 

written in margin: Application

 

State of Texas                                      Collin County Court

Collin County                                       March (sic) Term 1881

                                To the County Court of Collin County Texas: SILAS M. BROWN who resides in Collin County Texas shows to the Court; that in Collin County Texas on or about the 6th day of November 1880 MRS. RACHEL JUSTUS (sic) departed this life intestate leaving the following minor children of herself and her husband (blank) JUSTUS who died about the day of 1872 that the following is the names ages and sex of said children to wit: THOMAS A. JUSTUS a boy aged 17 years, FRANCIS P. JUSTUS a girl aged 15 years, JULIA A. & SARAH J. JUSTUS both girls & both aged 10 years; that the said children own about 50 acres of land of probable value of six hundred Dollars; that all of the Estate of said minors…

 

 

 

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…is situated in Collin County Texas that THOMAS A., JULIA A. and SARAH J. JUSTUS live at the present time in Fannin County Texas and that FRANCIS P. JUSTUS lives in Collin County Texas

The premises considered, your applicant prays that the notice required by law be given of the filing of this application that he be appointed guardian of the persons and estates of said minors and for such relief as to the Court may seem appropriate.

                                                                                                Jenkins & Muse

                                                                                                Atty. for applicant

 

Filed Jany. 31st 1881

                                J. W. Waddill Clk.

 

 

The State of Texas                              To the Honorable

Collin County                                       T. C. Goodner County Judge

of said County.

                                Your petitioner F. M. DAVIDSON Admr. of the Estate of T. T. BRADLEY deceased would respectfully report & state on oath that there are supposed to be some 8 or 10 wild hogs belonging to said Estate running in the bottoms some where near the lower farm in the R. H. LOCKE survey which hogs your petitioner is unable to collect or command wherefore Your petitioner prays for an order of Court to sell said hogs as the law requires.

                                                                                                                F. M. DAVIDSON admr.

                                                                                                                of the Estate of T. T. BRADLEY dec.

Sworn to before me this May 24th 1881.

                                                                J. W. Waddill Clk.

 

F. M. DAVIDSON Admr.                                     Application

Estate of                                                                May 24th 1881

T. T. BRADLEY Decd.                                        Now on this day came on to be heard the application of F. M. DAVIDSON administrator of the Estate of T. T. BRADLEY Decd. to sell certain hogs and the matters and things in said motion being seen and fully understood by the Court said application be granted and that the administrator…

 

 

 

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…proceed to sells aid property at public sale for cash and report his action to this Court.

 

 

written in margin: Application

 

The State of Texas                              County Court of

Collin County                                       said County sitting

for probate and other like purpose May Term A. D. 1881. To the Honorable T. C. Goodner County Judge of said County.

                Your petitioner F. M. DAVIDSON admr. of the Estate of T. T. BRADLEY deceased would respectfully ask for an order of the County Court of said Estate except the household and Kitchen furniture and what the widow desires to take at the appraised value and under the exemptions &c. Said property decided to be sold consist of a Mule, Horses, Cows & Calves, Farming Implements, Bee stands, guns, wagon & harness, set of wagon wheels &c., ladies Gold watch. As such your petitioner will ever pray.

 

                                                                                                F. M. DAVIDSON Admr.

                                                                                                of the Estate of T. T. BRADLEY deceased

 

written in margin: Order

 

F. M. DAVIDSON

                Administrator                                        Application to sell

Est. of                                                                     personal property

T. T. BRADLEY Decd.                                        May 24th 1881

                                                                                Now on this day comes on to be heard the application of F. M. DAVIDSON to sell personal property consisting of a Mule, Horses, Cows & Calves, Farming Implements, Bee Stands, guns, wagon & harness, set of wagon (wheels) and the mattress and things in said application been seen and fully understood by the Court it is ordered that said application be granted and said Administrator proceed to sell the said property at public sale on a Credit of 6 months the purchasers giving note with good security as prescribed by law.

Read & approved.

Ordered that court adjured until Court is c___ T. C. Goodner Co. Judge

 

 

 

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HENRY F. DERRICK &                                      In Vacation May

JAS. L. GREER    Admrs.                                   25th 1881

                Est. of

W. M. DERRICK Decd.                       Now on this day comes HENRY F. DERRICK & JAS. L. GREER Administrators of the Estate of Wm. M. DERRICK Decd. and file their bond as said administrators. Which said Bond being examined by T. C. Goodner in vacation is approved and ordered to be recorded.

 

 

State of Texas                      Know all men by these present that we HENRY F. DERRICK and JAS. L. GREER as

Collin County                       principals and (blank) and (blank) as sureties are held and firmly bound unto T. C. Goodner County Judge of Collin County Texas and his successors  in office in the sum of Eight thousand dollars conditioned that the said above bound HENRY F. DERRICK and JAS. L. GREER who have been appointed by the County Court of Collin County administrators of the Estate of W. M. DERRICK Deceased shall well truly perform all the duties incumbent upon them under said appointment. Witness our hands this 23rd day of May 1881.

 

                                                                                                H. F. DERRICK

                                                                                                JAS. L. GREER

                                                                                                J. DYSART

                                                                                                S. H. DYSART

                                                                                                J. L. KELLY

 

(written in margin: Oath)

 

We do solemnly swear that W. M. DERRICK Decd. died without leaving any lawful will so far as we know or believe; that we will well and truly perform all the duties of administers of the Estate of said Deceased.

 

                                                                                                                H. F. DERRICK

                                                                                                                J. L. GREER

 

Sworn to before me this May 25th 18881.

                                                J. W. Waddill Clk. Co. Court

                                                                Collin Co. Texas

 

Filed May 25th 1881.

                J. W. Waddill Clk.

 

 

 

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HENRY F. DERRICK &                                      In Vacation May 25th 1881

JAS. L. GREER    Admrs.                                  

                Est. of                                                     On this day comes H. F. DERRICK and JAS. L. GREER admrs. of

W. M. DERRICK Decd.                                       said Estate and file their inventory and appraisement of the property belonging to said Estate. And the same being examined by Hon. T. C. Goodner Co. Judge in Vacation  and found correct is approved and ordered to be recorded.

 

Hon. T. C. Goodner Judge of Collin County, State of Texas. We the Commissioners appointed to appraise the property belonging to the Estate of W. M. DERRICK Decd. beg leave to make the following report.

 

Real Estate

 

100 acres in G. MORRISON Hd. Rt.                                                                 1000.00

80 acres in JAS. FISHER Hd. Rt.                                                                        400.00

80 acres in Denton County in the J. W. SIMMONS hd. Rt.                            500.00

4 acres in Denton County in the THOS. JENKINS hd. Rt.                           1500.00

                on which is a Steam Mill & Cotton Gin

1 Cow & calf in Denton County                                                                            12.50

1 Gray mare & Mule colt                                                                                        50.00

1 Gray Mare & horse                                                                                               50.00

1 Gray Mare & horse                                                                                               50.00

2 Roan Mares                                                                                                           50.00

1 Sorrel Mare                                                                                                           40.00

1 bay horse                                                                                                               75.00

2 work mules                                                                                                          200.00

1 work mule 3 years old                                                                                         40.00

1 work mule 2 years old                                                                                       120.00

                Cattle

35 cows & 21 calves                                                                                             402.50

5 Steers 4 yrs. old                                                                                                    75.00

4 steers 3 yrs. old                                                                                                                    50.00

7 steers 2 yrs. old                                                                                                                    60.00                                                                   

5 heifers 2 yrs. old                                                                                                  40.00

16 yearlings                                                                                                             90.10                                                                  

                Sheep

52 Sheep                                                                                                             100.00

 

 

 

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                Hogs

22 Hogs                                                                                 60.00

5 Stands of bees                                                                     7.50

2000# Bacon                                                                        200.00

5 Gal. Lard                                                                                7.50

50# Wool                                                                                 10.00

25 bushels Wheat                                                                 15.00

1 Reaper                                                                                 10.00

1 plow                                                                                        5.00

1 Wagon                                                                                  10.00

1 Cook Stove                                                                          10.00

Harness                                                                                     5.00

 

                Notes & a/cs

R. P. BAKER __wen Jany 27th 1879               10a/c         15.00

W. L. NELSON __wen Decr. 25th 1879          10a/c         91.30

J. W. MAXELL __wen June 25th 1879             10a/c         22.00

J. T. SANDERS __wen Decr. 21st 1879          10a/c

J. ELLISON & ALBERT BUCKNER                                   10.00

JNO. HALE                                                                              14.00

J. H. & R. B. WILLIS                                                               25.00

                                                                                             2522.30

2 Feather bed 8 quilts 2 Blankets                                       23.00

1 chest 1 Table 1 wash pot                                                                    5.00

3 axes Plates Knives & forks cups & Saucers                                   2.00

1 bale Cotton                                                                          25.00

                                                Total amount                    5477.30

                                                Commissioners   E. P. VARDEMAN

                                                                                C. H. WYSONG

 

Sworn to and subscribed before me this 23rd day of May 1881.

                                                                                G. H. LAIR Justice Peace Prct. No. 3

                                                                                                Collin Co.

                                                               

State of Texas      Personal appeared before the undersigned

Collin County       authority H. F. DERRICK and JAS.L. GREER who on oath say that the foregoing inventory and list of claims is a full and complete inventory of the property and claims that has come to their knowledge belonging to the deceased.

                                                                                                J. L. GREER

                                                                                                H. F. DERRICK

Sworn to before me this May 20th 1881.

                                                J. W. Waddill

Filed May 25th 1881.

                J. W. Waddill

 

 

 

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Est. of                                                                     In Vacation May 25th 1881

W. M. DERRICK Dec.                                                         Now on this day in Vacation came on to be heard the application of H. F. DERRICK and JAS. L. GREER Administrators  of the above Estate to sell the personal property belonging to said Estate and it appearing to the Court that said personal property is liable to waste and detenate (deteriorate?) in value, It is therefore ordered by the Court that the following personal property on said inventory be sold at public sale at the residence of the late W. M. DERRICK deceased in Collin County Texas after advertising the time, place and terms of sale as the Law requires on a credit of Six months taking note of purchase with two or more good and sufficient sureties said property being described as follows: Two horses, 6 Mares, 7 Mules, 93 head of Cattle, 52 head of sheep & 22 hogs, 5 stand of bees, 2000 lbs. bacon, 15 gal. Lard, 50 lbs. Wool, 25 bushels Wheat, 1 Reaper, 1 Plow, 1 wagon, 1 cook Stove, harness, 2 feather beds, 8 quilts, 2 blankets, 1 chest, 1 Table, 1 Wash pot, 3 axes, Plates, Knives & forks and cups & Saucers; and it further appearing to the Court that it would be to the interest of the Estate that the bale of Cotton be sold at private sale for Cash in hand. It is further ordered that said administrators make their report of their action in the premises at the next term of this Court.

 

 

 

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J. P. SEIGLER Admr.                                          In Vacation June 17th1881

       Est. of

A.W. & C. M. MURRAY Decd.                           Now on this day in Vacation

                                                                                Came on to be hear the application of J. P. SEIGLER administrator of the Estate of A. W. & C. M. MURRAY Decd. to sell all the personal property belong to said Estate and it appearing to the Court that said personal property is liable to waste and deteriorate in value. It is therefore ordered by the Court that said administrator be and he is herefore authorized to sell all of the personal property belonging to said Estate mentioned in the inventory at public sale after advertising the time, place and terms of sale as the law requires on a credit of 6 months taking notes of purchase with two or more good and sufficient sureties except the Bale of Cotton, and it appearing to the Court that it would be to the interest of said Estate that said bale of Cotton be sold at private sale for cash, it is therefore further ordered by the Court that said administrator proceed to sell said bale of Cotton at private sale for cash in hand and that he make his report of his action in the premises at the next regular term of this Court.

               

 

G. W. GARRET                                                     In vacation July 1st 1881

   surviving husband

of LUCINDA GARRET Decd.                            Now on this day comes G. W. GARRET surviving husband of LUCINDA GARRET deceased and files his application for the appointment of appraisers to assess the community property of himself and his deceased wife LUCINDA GARRET which said application being considered by the Court is granted and it is ordered that Wm. MURPHY, JNO. C. WHITE and J. L. MOULDER be and they are hereby appointed appraisers to value said property and make their report as provided by law.

 

 

 

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SARAH HOWELL                                                                In vacation July 13 1881

                survg. Wife

of J. E. HOWELL Decd.                                      Now on this day comes SARAH HOWELL surviving wife of J. E. HOWELL Decd. and files her application for the appointment of appraisers to assess the Community property of her and her deceased husband J. E. HOWELL which said application being considered by the Court is granted and it is ordered by the Court that R. C. WHITE, F. M. DAVIDSON be and they are hereby appointed appraisers to value said property and make their report as provided by law.

 

 

The State of Texas                                                              In vacation July 13th 1881

                vs,                                                                           In the matter of JESSE L. SHORT JR.

JESSE L. SHORT JR.                                                        Lunatic

                                                Information having been made as required by law by J. W. STATON that JESSE L. SHORT JR. is a person of unsound mind, I. T. C. Goodner County Judge of Collin Co. Tex. caused said JESSE L. SHORT JR.  to be brought before me and the County attorney appearing for the State, then upon came a Jury of six good and lawful men to wit:  A. C. VARNER and five others who were duly impaneled and sworn and sworn and who after hearing the evidence and the special issues submitted to them by the Court returned in to court the following verdict  in answer to the interrogations proposed (?) by the Court.

 

Int. 1st Is the Defet. JESSE L. SHORT JR. of unsound mind. Answer Yes

Int 2nd If the Deft. Is of unsound mind it is necessary that he should be place under restraint. Answer Yes

Int. 3rd If you answer both the foregoing questions in the affirmative, Then what is the age and nativity of the Deft.

 

 

 

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Ans.-20 years==Texas

Int. 4th How many attacks of insanity has he had and how long has the present attack existed==Ans. For the last six Months.

Int. 5th Is insanity hereditary in the family of the Deft. or not? Answer: No

Int. 6th Is the Deft. possessed any Estate or not, is so of what does it Consist and its estimated value. None

Int. 7th If the Defendant is possessed of No Estate are there any persons legally liable for his support; If yes, name them. Yes, his father &mother JESSE SHORT SR. & REBECCA SHORT.

 

                                                                                                                AC. VARNER Foreman

 

It is there considered by the Court that said verdict be approved and said JESSE SHORT JR. be committed to the custody of the Sheriff of Collin County to be by him confined until information can be obtained from the Superintendant of the Lunatic Asylum at Austin as to whether he can be admitted into said institution or until released upon the bond of relative or friend as provided by Law.

                                                                                                                T. C. Goodner

                                                                                                                                Co. Judge

 

 

 

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The State of Texas                                              Be it remembered that

Collin County                                                       on this the 18th day the

3rd Monday in July 1881 there was begun and holden at the Court house in the City of McKinney a regular term of the Hon. County Court of Collin County Texas for the transaction of Civil & Probate business. Present and presiding the Hon. T. C. Goodner Co. Judge, Wm. Warden, Sheriff and J. W. Waddill Co. Clerk of said County when the following proceedings were had to wit:

 

J. H. BOWMAN                                    Monday July 18th 1881

                Guardn.

Est. of                                                     Second annual Report

THOS. C. DYE Minor

                                                On this day came on to be heard the second annual report of J. H. BOWMAN Guardn. Of the Estate of THOS. C. DYE minor showing the condition of said Estate which said account being examined by the Court is approved and ordered to recorded.

 

THOS. C. DYE Minor In a/c [account]

                with J. H. BOWMAN Guardian

 

 

Decr. 15th 1881    by balance on hand                                                                            288.75

Novr. 1889 22      To Voucher No. 1                                                                    .75

                                To Voucher No. 2                                                                  1.00

                                To Voucher No. 3                                                                     .35

                                To Voucher No. 4                                                                     .60

                                To Two years board @ $6.00 per mo.             144.00

                                To Voucher No. 5                                                                    3.50

                                To Voucher No. 6                                                                    1.15

                                To Voucher No. 7                                                                    3.50

                                Interest $133.90 1 yrs. @ 12%                                                          16.06

To balance on hand                                            149.96

                                                                                                                304.81                   304.81

 

 

The State of Texas                              County Court March Term A. D. 1881

County of Collin                                   To the Hon. County Court of said Co.

 

 

 

Page 77

 

 

 

J. H. BOWMAN guardian of the estate of THOMAS C. DYE a minor respectfully presents the foregoing account together with vouchers numbered from one to seven inclusive his second annual account with said estate and says that the same contains a complete & correct statement of the matters to which it relates wherefore he prays that due notice of the filing of the same be given according to law that upon trial the said account be approved & for general relief.

                                                                                                J. H. BOWMAN

 

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

                                                                                J. W. Waddill clk.

 

 

J. H. BOWMAN                                                    Monday July 18th 1881

Est. of     Guardn.

LURA P. DYE minor                                           On this day came on to be heard of J. H. BOWMAN Guardian Of the Estate of LURA P. DYE a minor showing the condition of said Estate. While said report being by the Court is approved and ordered to be recorded.

 

 

1880

Decr. 15                 By balance on hand 1st Report                                                         274.90

                                To voucher No. 1                                                 13.50

                                To voucher No. 2                                                    3.10

                                To voucher No. 3                                                      .35

                                To voucher No. 4                                                    9.85

                                To voucher No. 5                                                    1.30

                                To voucher No. 6                                                      .50

                                To voucher No. 7                                                    2.00

                                To voucher No. 8                                                      .50

                                To voucher No. 9                                                      .90

                                To voucher No. 10                                                   3.75

                                Board 24 mos. @ $6.00 per mo.                      144.00

                                5% paying out $35.75                                            1.79

                                Balance                                                                                   93.39

                                                                                                             $274.90                    $274.90

                                By balance                                                                                                93.36

                                 Out on sum 12 mos.                                                                              11.20                                                 

$104.56

 

 

 

 

Page 78

 

 

 

The State of Texas                              County Court March Term A. D. 1881

County of Collin                   To the Hon. County Court of said Co.

                J. H. BOWMAN Guardian of the Estate of LURA P. DYE respectfully presents the foregoing account of his second annual account and says that the same contains a correct and complete statement of matters to which it relates wherefore he prays that notice of the filing of the same be given according to law that said account be approved and for general relief.

 

                                                                                J. H. BOWMAN   

 

Sworn to & subscribed before me this 24th day of Jany. 1881

                                                                J. W. Waddill clk.

 

J. H. BOWMAN

                Guardn.                                 Monday July 18th 1881

Est. of

MINNIE MAY DYE minor                   On this day came on to be heard the second annual report of J. H. BOWMAN Guardian of the estate of MINNIE MAY DYE minor showing the condition of said Estate which report being examined by the Court is approved and ordered to be recorded

 

MINNIE MAY DYE a minor in a/c with

                                J. H. BOWMAN Guardn.

 

1880

Decr. 15                 By balance on hand last a/c                                                              179.95

                                To voucher 1                                                            2.75

                                To voucher 2                                                          25.99

                                To voucher 3                                                        119.00

                                5% com. paying out $146.75                                 7.33

                                Balance                                                                    25.87

                                By balance                                                            179.95                   179.95

                                Int. on same 12 mos.                                                                            25.87

                                                                                                                                                    3.10

                                                                                                                                                  28.97

 

The State of Texas                              County Court March Term A. D. 1881

County of Collin                                   to the Hon. County Court of said Co.

                J. H. BOWMAN guardian of the estate of MINNIE MAY DYE a minor respectfully presents the foregoing account with said estate as his second…

 

 

 

Page 79

 

 

 

…annual account and says that the same contains a complete & correct statement of the matters to which it relates wherefore he prays that due notice of the filing of this account be given according to law that said account be approved and for general relief.

                                                                                                J. H. BOWMAN

 

Sworn to and subscribed to before me this 24th day of January A. D. 1881.

                                                                                                                J. W. Waddill clk.

 

J. H. BOWMAN   

                Guardn.                                 Monday July 18th 1881

Est. of

LIZZIE M. DYE minor                          On this day came on to be heard the second annual report of J. H. BOWMAN guardian of the Estate of LIZZIE M. DYE a minor showing the condition of said estate. Which said Report being examined by the Court is approved and ordered to be recorded.

 

LIZZIE M. DYE a minor In a/c with

                                J. H. BOWMAN Guardian.

 

 

1879

Decr. 15                 By Balance on hand last Report                                                                       259.78

                                To Voucher 1                                                          18.00

                                To Voucher 2                                                            3.25

                                To Voucher 3                                                            4.00

                                To Voucher 4                                                            7.03

                                To Voucher 5                                                              .30

                                To Voucher 6                                                            3.00

                                To Voucher 7                                                            2.00

                                To Voucher 8                                                            3.24

                                To Voucher 9                                                            1.54

5% com. paying out $42.32                                  2.11

2 yrs. board @ $6.00 per mo.                           144.00

By balance                                                              71.35                                      259.78

                                                                                259.78                                     259.78

By balance                                                                                                                71.35

By Interest on same 12 mo.                                                                                    8.56

                                                                                                                                    79.91

 

 

 

Page 80

 

 

 

The State of Texas                              County Court March Term

County of Collin                                   To the Hon. County Court of said Co.

                J. H. BOWMAN guardian of the estate of LIZZIE M. DYE a minor respectfully presents the foregoing account and the vouchers there with filed numbered from 1 to 9 inclusive as his second annual account and says that the same contains a correct and complete statement of the matters to which it relates wherefore he prays that due notice of the filing (of) this account be given according to Law, and said account be approved & for general relief.

 

                                                                                                                J. H. BOWMAN

 

Sworn to and subscribe to before me this 24th day of January A. D. 1881.

                                                                                                J. W. Waddill

 

 

W. D. CHAPMAN Admr.                                     Report & partition

Est. of                                                                     July 18th 1881

D. D. GRAHAM Decd.                                         Now on this day came on to be heard the report and Exhibit and amendments thereto of W. D. CHAPMAN Admr. of the Est. of D. D. GRAHAM Decd. And it appearing to the Court that WINNIE GRAHAM is a party interested in the proceedings herein & that she has been duly served with citation herein and that she is a minor and has no legal guardian it is ordered by the Court that JOHN CHURCH an attorney of this Court be and he is hereby appointed guardian to represent said minor in this behalf. And the said JOHN CHURCH is now here sworn as such special Guardian. Thereupon the said Report and amendments thereto and Exhibit of said Estate being examined by the Court and the matters and things therein fully understood it is ordered by the Court that the same be in all things approved and that they be recorded.

                It further appearing to the Court that there is on hand and ready for partition the sum of Forty Four Hundred seventy Four & 79/100 dollars. And the further sum of Thirteen Hundred Thirty Four & 88/100 dollars has been heretofore paid out by said Admr. to the following named heirs of said estate to wit: MRS. LAURA JEAN, W. S. GRAHAM, S. H. GRAHAM, J. L. T. GRAHAM, A. Z. GRAHAM, H. D. GRAHAM & NANNIE GRAHAM the last five of whom are minors & the money paid to their Guardian E. HOUGHTON making in the aggregate Fifty-Eight Hundred…

 

 

 

Page 81

 

 

 

…nine & 67/100 Dollars to be partitioned. Also that the above named heirs are the issue and heirs of Law of D. D. GRAHAM Decd. and his first wife M. J. GRAHAM Decd. and it further appearing that said D. D. GRAHAM left a widow M. J. GRAHAM & WINNIE GRAHAM a minor child issue of said GRAHAM Decd. & his surviving wife thereupon the Court heard evidence as to the interest of all of said heirs. And after hearing the testimony It is ordered adjudged and ordered that ¾ of said sum of $5809.67 to wit: $4357 25/100 Dollars is the community property of said D. D. GRAHAM Decd. and his said deceased wife M. J. GRAHAM mother of the seven first named heirs and that on half of said sum be set apart to them as heirs of their said mother. And the other half be so divided as to give to the surviving wife, one third therof and to the heirs above name and WINNIE GRAHAM each one eighth of the remaining two thirds of said sum.

                And that the remaining one fourth of the original sum of $5809.67 viz $1452 42/100 Dollars be divided so as to give the surviving widow one half thereof and the remaining one half be divided into eight equal shares and one share given to each of the above named heirs  & children of D. D. GRAHAM decd. It is further found by the Court that the share of each of the seven heirs issue of the first wife amounts to the sum of Five Hundred Eighty Three 55/100 Dollars. And that the share of the minor WINNIE GRAHAM issue of the surviving wife amounts to the sum of Two Hundred seventy Two & 32/100 Dollars. And that the widow’s share amounts to the sum of Fourteen Hundred Fifty Three & 41/100 Dollars. And said Administrator is authorized to pay over to said parties or their Guardians the said sums after deducting the moneys heretofore paid to them and take their receipts for the same.

                And that JOHN CHURCH Esqr. be paid the sum of Fifteen Dollars for his services as special Guardian for minor WINNIE GRAHAM out of the share herein decreed to said minor.

 

                                                                                D. D. GRAHAM Decd.

                                                                                                Admrs. Report

 

W. D. CHAPMAN Administrator of the Estate of D. D. GRAHAM Decd. begs leave to make the following Exhibit…

 

 

 

Page 82

 

 

 

…of the condition of said Estate.

                Amount on hand as per Report filed Apr. 30th 1880                     $1757.58

                Collected ALEX BOMAR Note                                                                 19.30

                Collected A. H. & C. C. CAUDLER Jdgt.                                            1207.35

                Collected R. D. HICKMAN note                                                             113.65

                Collected ALEX MURCHISON note                                                                     600.00

                Collected G. F. RIKE note                                                                       238.70

                Collected A. J. RUDE note                                                                                     246.70

                Collected JOHN MURCHISON note                                                                    203.00

                Collected JNO.? PATTERSON note                                                     358.25

                Collected W. H. JEANS & J. GRCHER? Note                                      95.20

                                Total                                                                                       $4839.73

                               

                                Amount Paid out

                Pd. PENDLETON & MURCHISON                  v. 1                                  10.00

                Pd. S. R. HAMILTON                                           v. 2                                    1.50

                Pd. E. HOUGHTON Guard.                                v. 3                                105.00

                Pd. W. S. GRAHAM                                             v. 4                                150.00

                Pd. W. H. & LAURA JEANS                              v. 5                                  95.20

                Pd. E. HOUGHTON Guard.                                v. 6                                290.55

                Pd. T. B. & BROS.                                               v. 7                                120.75

                Pd. Taxes                                                              v. 8                                  47.40

                                                                                                                                    $962.40

                Subtracted difference between $290.55 & 432.55                             142.00

                                                                                                                                      820.40

                Amt. Brot. Ford. Debits $4839.73                                                    

                Amt. Brot. Ford Credits     820.40

                5% com. on $3082.15 collected                                                             154.10

                5% com. on 179.65 Pd.                                                                                8.98

                Taking care of managing two farm(s) for two years                            25.00

                                                                                                                                    1130.48

                                                Subtract same amt.                                                   142.00

                                                                                                                                    1008.48

 

Recapitulation

 

Amt. on hand & Received                                                                                      $4839.73

Amt. Pd. & com.                                                                                                         1008.48

                Add same amt.                                                                                        $3709.25

Total on hand                                                                                                           $3851.25

 

Reporter would represent that nearly all the claims against the estate of his intestate have been paid & there will be sufficient solvent claims to pay the entire besides the above sum. That his intestate left surviving…

 

 

 

Page 83

 

 

 

…heir? a widow MARY J. GRAHAM & one child by her WINNE E. GRAHAM a minor who resides in Erath Co. who has no Guardian and LAURA JEANS who intermarried with W. H. JEANS & W. S. GRAHAM now of age and SAMUEL, JOHN, ALBERT, NANNIE & HARVEY GRAHAM minors, E. HOUGHTON Guardian, children by his first wife MARY J. deceased. All of whom reside in Collin County. Reporter represents that he believes the money & property is principally the community property of D. D. GRAHAM decd. & his first wife MARY J. GRAHAM decd.

                He further shows that he is ready to pay out the money to the heirs as they are entitled thereto and prays that they be cited to appear & he have an order to pay out to them according to law.

 

                                                                                                W. D. CHAPMAN Admr.

                                                                                                of Est. D. D. GRAHAM Decd.

 

Sworn to and subscribed before me this Jany. 21st 1881.

                                                                J. W. Waddill Co. Clk.

                                                                Collin Co. Texas

Filed Jany. 27th 1881.

                J. W. Waddill Clk.

 

 

 

Amended Report

 

Now comes W. D. CHAPMAN administrator of the Estate of D. D. GRAHAM Decd. & by leave of the Court amends his report filed Jany. 27th 1881 as follows to wit:

 

                Amount Recd. since filing Report

Recd. of J. E. JONES                                                                                                         219.30

Recd. of BOL CHANDLER Judgt.                                                                                      30.00

Recd. of Wm. THOMPSON                                                                                                  69.00

Recd. of S. LEWIS & M. GLASS                                                                                         21.00

Recd. of A. MURCHISON                                                                                                  287.00

Recd. of B. R. HOUGHTON former partnership                                                                7.35

Recd. of JEAN & GACHER                                                                                                 20.00

Recd. of Rents 1880                                                                                                             10.00

Recd. of E. HOUGHTON form partnership GRAHAM & HOUGHTON                      396.70

Recd. of McMACHKEN?                                                                                                   254.00

                                                                                                                                           $5023.60

 

                Amt. paid out

Paid HENDRIX                                   v. 9                                                                              $3.75

Paid E. S. & LAURA JEANS             v. 10                                                                           50.00

 

 

 

Page 84

 

 

 

Paid J. S. RIKE                                    v. 11                                                                             5.35

Paid GRAHAM & McMAKIN note                                                                                      524.32 ½

                                                                                                                                                  583.42 ½

Amt. Brot. Ford.                    Dr.                                                                                        $5023.64

Amt. Brot. Ford                     Cr.                                                                                         $ 583.42 ½

Com. 5% on 1314.35 Col.                                                                                                   65.71

Com. 5% on 533.42 ½                                                                                                           21.67

                Total                                                                                                                         670.80 ½

 

                Recapitulation

 

Amt. on hand &c.                                                                                                                 $5023.60

Amt. Paid & com.                                                                                                                    670.80 ½

                Total on hand &c                                                                                                   4352.79 ½

Add to this error in original                                                                                                                    142.00

                                                                                                                                                  4404.79 ½

Subtract for this error in original                                                                                             20.00

                                                                                                                                                $4474.79 ½

 

Reporter would represent that on the 9 day of Aug. 1879 S. H. GRAHAM purchased personal property of this estate & executed his note with personal security for the sum of thirty-seven dollars with ten percent interest from date. That said GRAHAM is one of the heirs and he prays that the amount due on said note be taken against him in the partition.

                                                                                                W. D. CHAPMAN Admr.

 

Sworn to before me this March 26th 1881.

                                                                J. W. Waddill Clk.

                                                                Co. Court Collin Co., Texas

 

                2nd Amended Report

 

By leave of the Court, Reporter amends his original & amended report & presents that he paid out to the heirs of his estate the following amounts which should be taken against them in this partition to wit:

 

To MRS. LAURA JEAN                                      $454.20

To W. S. GRAHAM                                                400.00

To E. HOUGHTON Guardian                              436.70

   Add to this the Amt. of                                 $1290.90

                S. H. GRAHAM note                                43.88

   And add to this                                              $1334.78

                Amt. on hand                                    $2334.78

And we have amt. to be partitioned              $5829.57

Reference is made to reports filed April 30, 1880, Jany. 27 1881 and amendment filed Mar. 26/81

Filed March 26d 1881.                                                       J. W. Waddill Clk.

 

 

 

Page 85

 

 

 

MOLLIE E. MATTHIS Gdn.                 Application for sale of Land

                Est. of                                                     July 18th 1881

D. CORA BROWN et al minors

                                                                                Now on this day came on to be heard the application of the Guardian for the sale of the real estate belonging to said minors. And it appearing to the Court that notice of said application had been given as prescribed by law and that it is necessary that said land be sold for the payment of Court Costs and necessary expenses of maintenance and education of said minors it is ordered that said application be granted and that said guardian MOLLIE E. MATTHIS proceed to sell the land of said Estate to wit: One tenth undivided interest in the South half of Block 78 in McKinney, Collin Co. Tex at private sale for cash and that she make report of said sale as soon as it shall be made.

 

                                                Application To Sell Land

MOLLIE E. MATTHIS Gdn.

                Ests.                                       In Co. Ct. may Term 1881

D. CORA BROWN et al

                                                MOLLIE E. MATTEWS (sic) Gdn. of said minors estates would represent to the Court that there is no property belonging to said minors other than the real estate described in the Inventory to wit: 1/10 interest in S ½ of Block No. 78 in McKinney valued at $32.50.

                That there is due Court costs about the sum of $12.00 besides other costs of this guardianship. That said minors are in need of funds to secure the necessaries of life as well as for their education. And that your applicant as well as her husband is so poor that it requires the assistance of the estate of said minors to enable they to provide said minors with a support and for their education. Wherefore she prays that an order be granted for the sale of said land at public or private sale as the court may deem best for cash.

                                                                                                                                                her

                                                                                                                                MOLLIE X E. MATTHEWS

                                                                                                                                                Mark

 

Sworn to and subscribed before me this 6th day of May 1881.

                                                                                J. W. Waddill Clk. Co. Court

                                                                                                Collin Co. Texas

Filed May 6th 1881.

                J. W. Waddill Clerk

 

 

 

Page 86

 

 

 

W. H. McCURLEY Gdn.                                     Leave to Amend Report

                Est. of                                     July 18th 1881

FOREST McCURLEY minor             Now on this day W. H. McCURLEY Gdn. of the St. of FORREST McCURLEY a minor has leave to amend his original report of the sale of land belonging to said Estate.

 

 

A. B. BOYD Admr.                                               Report of Sale Per. Prop.

                Est. of                                                                     July 18th 1881

ELISHA STRIPLING Decd.                                Now on this day came on to be heard the report of sale of personal property belonging to said estate made by said administrator in conformity with an order of this Court at the September Term 1880. And it appearing to the Court that said sale was made in compliance with the law and the order of this Court and that the property was sold for a fair price it is ordered that said sale be and the same is in all things approved. It is further ordered that said report of sale be recorded.

 

                                Report of sale Per. Property

State of Texas

Collin County                       In County court July Term A. D. 1881

                                To the County Court of Collin Co.

A.D. BOYD admr. of the estate of ELISHA STRIPLING decd. begs leave to make the follg. Report of the sale of personal property belonging to said estate as ordered at the September A. D. 1880 term of said Court & would show that on the 16th day of October A. D. 1880 within the hours prescribed by law at the residence of deceased he sold on six months credit the follg. articles to the parties and at the prices state below.

 

Articles                                                   Names of Purchasers                                        Price

1 mule                                                   MRS. S. A. C. STRIPLING                                  $55.00

1 mare                                                   Do                                                                             50.00

2 cows & calves                                   Do                                                                             30.00

1 Cow                                                    Do                                                                               8.00

7 Head Hogs                                        Do                                                                             25.00

Household & Kitchen furniture         Do                                                                             20.00

5 head stock cattle                              R. HARRIS                                                              40.00

1 horse                                                  A. A. STRIPLIN (sic)            37.50

1 spade                                                 Do                                             1.00                        38.50

 

 

 

Page 87

 

 

 

Plow gear & plow                                                Wm. CHAPMAN                                                      7.25

1 wagon                                                                Wm. MONTGOMERY                                           22.25

                Sold on 6 mos. credit                                                          ---over---                                296.05

One cow                                                                A. A. STRIPLIN                                                        12.50

                Total on mos. credit                                                                                         $308.55

Sold for cash

1 saddle                                                                WELLBORN                         $3.50

1 stove                                                   Do                                             3.25

Auger & monkey wrench                   B. KING                                     .75

One hand saw                                      ED FORD                                  .50

                Total sold for cash                                                               $7.00                          7.00

                                                                Total sales                                                         $315.55   

 

Promissory notes taken for credit sales in manner reqrd. by order of Court.

                Wherefore he prays that this report be confirmed & otherwise dealt with as the law requires.

 

                                                                                                                Clemnbson? & Church

                                                                                                                Attys. for administrator

 

A.B. BOYD being duly sworn says that the manners & things set forth in the above report are correct.

                                                                                                                A.B. BOYD

 

Sworn & subscribed before me this 4th day of July a. D. 1881.

                                                                J. W. Waddill

                                                                                Clerk

Filed July 4 1881.

                J. W. Waddill Clk.

 

 

A.B. BOYD Admr.                                                Report Sale Per. Prop.

                Est of                                                      July 18th 1881

ELISHA STRIPLIN Decd.                   Now on this day came on to be heard the report of sale of personal property belonging to said Estate made by said Admr. pursuant to an order of this court made on the 23rd day of Nov 1889. And it appearing to the court that said sale was made in conformity with said order and as provided by law and that the property sold for a fair price it is ordered that said sale be in all things confirmed and that the report thereof be recorded.

 

                                                                                REPORT

 

State of Texas                      In County Court July Term A. D. 1881

Collin County                       To the County Court of Collin Co.

A.B. BOYD admr. of the Est. of ELISHA STRIPLIN begs leave to make the follg. report of the sale of personal property…

 

 

 

Page 88

 

 

 

…belonging to said estate as ordered on the 23rd day of Nov. 1881 in this Court viz two & about one half bales of cotton sold in open market in Terrell at                                                                              $136.50                                                                 Less paid for hauling $125 per bale                                                                                                                                       

                Less paid in bagging & ties 2.50 (per bale?)                                                       5.75

                                                                                                                                                  130.75

 

The corn mentioned in said order is still unsold as I was unable to get a satisfactory price

Wherefore he prays that this Report be confirmed & otherwise dealt with as reqd. by law.

 

                                                                                                Clemenbson? & Church

                                                                                                Attys. for Administrator

 

A.B. BOYD being duly sworn says that the matters & thins set forth in this report are true.

                                                                                A.B. BOYD

 

Sworn to & subscribed before me this 4th day of July A. D. 1881.

                                                                                J. W. Waddill Clk.

 

E. HOUGHTON Gdn.                                                          Final Report & Resignation

   Minor heirs                                                                         July 18th 1881

D. D. GRAHAM Decd.

                                                Now on this day came on to be heard the final report and application for discharge of E. HOUGHTON Guardian of the Estates of Wm. GRAHAM, S. H. GRAHAM, JNO. GRAHAM and ALBERT, NANNIE & HARVEY GRAHAM minors. And it appearing to the Court that notice had been given as required by law and no opposition being made thereto it is ordered that said report be in all things approved. And that said E. HOUGHTON be dismissed from his trust upon the appointment and qualification of a successor as Guardian of said minors and his turning over to said successor all property belonging to his said wards and filing receipts therefor in this Court and payment of all Court costs of this Guardianship. It further appearing to the Court that said Guardian has expended for those herein after named of his said wards the sums herein after mentioned in excess of the amount of the Estates which have come into his…

 

 

Page 89

 

 

 

…hands in money, it is therefore ordered by the Court that W. D. CHAPMAN administrator of the Estate of D. D. GRAHAM Decd. to pay to said E. HOUGHTON out of the funds in his hands belonging to said minors respectively the said sum of money and charge the same to said minors’ shares respectively in the distribution of the Estate of D. D. GRAHAM Decd.

 

To wit:    On account of J. L. GRAHAM the sum of                       $ 89.87 2/3

                On account of NANNIE GRAHAM the sum of                  44.75

                On account of H. D. GRAHAM the sum of                         53.81

                On account of A. Y. GRAHAM the sum of                            8.99 2/3

                On account of S. H. GRAHAM the sum of                          69.55

                                Total                                                                       $338.91

 

It is further ordered that said Administrator pay to said Guardian for Attys’.

fees due Throckmorton, Brown & Bro.                                                                            $ 25.00

And the further sum of                                                                                                       $ 25.00

 

Court costs of this Guardianship or in case said sum should be insufficient to pay all the costs then as much more as may be necessary. Both of said last two items to be charged pro rata? Against the shares of all the minors hereinbefore mentioned.

                Making in the aggregate to be paid by said Admr. to

Said Guardian the sum of                                                                                                 $388.91

 

                                                                                FINAL REPROT

Now comes E. HOUGHTON Guardian of the minors of D. D. GRAHAM Deced. & begs leave to make the following exhibit of the condition of said estates and prays that the same be taken as his final report & he herewith tenders his resignation as guardian of said minors’ estates.

                He has recd. from the administrator as per ordered of the Court in payment of amount due as per report filed Sept. 20 1880.                                                                                                                                                                $105.60

Reporter would represent that all the property returned on the Inventory is still on hand except as heretofore reported—reports now on file. That there has been an increase in stock as follows to wit: one horse colt, One mare colt, One two year old heifer and one black yearling steer.

                That he has recd. & paid out money for his wards as follow to wit:

 

                                J. L. T. GRAHAM Recd. From admr.                                                                                $152.84 1/3

 

 

 

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                                                                                                                                                                                $152.84 1/3

Paid out                                                                                                                                                                 $233.72

Amt. due Reporter as per acct. filed mkd. Exhibit A.                                                    $80.87 2/3

                NANIE GRAHAM Paid out                                                                                                                    58.91

                                Recd. &c.                                                                                                                                  14.16

Amt. due Reporter as per Ex. Filed Mkd. B                                                                       44.75

                H. D. GRAHAM Paid out                                                                                                                       67.97

                                                Recd.                                                                                                                         14.16

Amt. due Reporter Ex. C filed                                                                                             53.81

                A.Y. GRAHAM Paid out

                                Recd.                                                                                                                                         97.94 1/3

Amt. due Report Ex. D                                                                                                          89.92 1/3

                S. H. GRAHAM Paid out                                                                                                                       218.98

                                Recd.                                                                                                                                        149.43

Amt. due Reporter Ex. E                                                                                                       69.55

   There is due Throckmorton Brown & Bro. Fees                                                           25.00

Probable costs of estate                                                                                                      25.00                        50.00 

 

                                Recapitulation

 

Due Reporter for J. L. T. G.                                                                                                $ 80.87 2/3

Due Reporter for NANNIE G.                                                                                               44.75

Due Reporter for H. D. G.                                                                                                      53.81

Due Reporter for A.Y. G.                                                                                                       89.92 1/3

Due Reporter for S. H. G                                                                                                       69.55

                Total for Heirs                                                                                                      $338.90

Amt. due attys. & costs                                                                                                           50.00

                                Total Debit                                                                                            $388.90

 

Guardian would respectfully ask that he have an order that W. D. CHAPMAN admr. of D. D. GRAHAM pay to him the above amount & the same be taken against the heirs in a final partition of the Estate of D. D. GRAHAM Decd.

                                                                                                E. HOUGHTON

 

Sworn to & subscribed before me this 13th day of May 1881.

                                                                                J. W. Waddill Clk.

                                                                                Co. Ct. Collin Co. Texas

 

Filed May 13th 1881.

                                J. W. Waddill Clerk

 

W. D. PARKER gdn.                                           Application for Gdnship

  Per. & Est. of                                                       July 18 1881

LOU ELLA BRADLEY minor                             Now on this day came on to be heard the application of W. D. PARKER for letters of guardianship of the person and estate of LOU

 

 

 

Page 91

 

 

 

ELLA BRADLEY a minor. And it appearing to the Court that notice of said application had been given as required by law. And that the said PARKER is entitled to said guardianship. And no resistance being made to his said application it is therefore ordered by the Court that W. D. PARKER be and he is hereby appointed guardian of the person and estate of said LOU ELLA BRADLEY and that letters of guardianship issue to him upon his entering into and filed (sic) a bond as such guardian as prescribed by law in the sum of One Thousand Dollars and taking the oath prescribed by law.

   It is further ordered that F. M. HILL, ED FOOTE and BRAWLY OATS be and they are appointed appraisers of the estate of said minor.

 

                                                Application

The State of Texas                              In the Hon. County Court of Collin

Collin County                                       County Texas July Term A. D. 1881

                W. D. PARKER a citizen of Collin County in the state of Texas would represent and show that LOU ELLA BRADLEY an orphan residing in Collin County Texas that she is female of thirteen years of age that she has no guardian neither of her person nor of her estate that she has an undivided one half interest in an estate situated in Collin County Texas of the probable value of five hundred dollars, that HATTIE B. BRADLEY her sister has an undivided one half interest in the same. He would represent further that said orphan was the daughter of T. T. BRADLEY decd. and SARAH J. BRADLEY decd. the latter of whom departed this life intestate in Collin County about July 19, 1876 and that the said T. T. BRADLEY departed this life in Collin County Texas intestate on to wit: (blank) the day of February 1881. That applicant  is the husband of JUNE BRADLEY who is a half sister of said orphan and that applicant is legally entitled and qualified to act as guardian of said orphan. Applicant prays for legal notice to be given of this application and upon final hearing that he be appointed guardian of the person and estate of LOU ELLA BRADLEY and for such other and further…

 

 

 

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…orders as this case in its nature may require. And for general relief.

                                                                                                                                M. H. Garnett Atty. for

                                                                                                                                                W. D. PARKER

 

Filed July 5th 1881.

                                J. W. Wadill clk.

 

Probate Notice

 

The State of Texas                              In the County Court

County of Collin                                   To the July Term 1881

The State of Texas to the Sherriff and any Constable of Collin County Greeting: You 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 Guardianship of the estate of LOU ELLA BRADLEY a minor W. D. PARKER has filed in the County Court of Collin County an application for letters of guardianship of the person and estate of said LOU ELLA BRADLEY a minor which will be heard at the next term of said Court commencing on the 3rd Monday in July 1881 at the Court house thereof in the City of McKinney at which time all persons interested in said minor may appear and contest said application if they see proper.

   Herein fail not under penalty of the law and of which this writ make due return.

                Issued the 5th day of July 1881.

                                Witness J. W. Waddill clerk of said Court and seal thereof at office in the City of McKinncy this 5th day of July 1881.

                                                                                J. W. Waddill Clerk

L. S.                                                                        County Court Collin County

                                                                               

 

                Sheriff’s Return

Came to hand on the 5th day of July 1881 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

 

 

 

Page 93

 

 

 

H. E. SMITH Gdn.                                                Application for guardianship

   Person & Estate of                                                           July 18 1881

HATTIE B. BRADLEY minor                             Now on this day came on to be heard the application of H. E. SMITH for letters of guardianship of the person and estate of HATTIE B. BRADLEY a minor. And it appearing to the Court that notice of said application had been given as required by law and no one appearing to contest the same; and it further appearing to the Court that said SMITH is entitled to such guardianship it is therefore ordered that said application be granted and letters of guardianship upon the person and estate of said minor issue to said SMITH upon his entering into and filing his bond as prescribed by law and its approval by this Court in the sum of One Thousand Dollars, and taking the oath prescribed by law.

   It is further ordered that T. M. HILL, ED FOOTE and B. H. OATES be and they are hereby appointed appraisers of said minor’s estate.

 

                                                Application

 

The State of Texas                              In Hon. County Court Collin County

Collin County                                       Texas July Term 1881

H. E. SMITH who is a citizen of Collin County Texas would represent and show that HATTIE B. BRADLEY is an orphan residing in Collin County Texas, that she is a female about the age of eight years and she has no guardian neither of her person nor of her estate.

   That she has an undivided one half interest in an estate in Collin County Texas of the probable value of five hundred dollars; that LOU ELLA BRADLEY her sister owns an undivided one half interest in the same. He would represent further that said orphan is the daughter of T. T. BRADLEY decd. and SARAH J. BRADLEY decd. the latter of whom departed this life intestate in Collin County Texas about July 19th 1876 and that the said T. T. BRADLEY departed this life intestate in Collin County Texas to wit: the (blank) day of February 1881. That applicant is the husband of MARGURETTA BRADLEY who a half sister of said orphan and that applicant is legally qualified to act as guardian for said orphan. And he…

 

 

 

Page 94

 

 

 

…prays that legal notice of this application be given and upon the hearing hereof that he be appointed guardian of the person and of the estate of said HATTIE B. BARDLEY and for such other and further orders of this case in as its nature may require.

M. H. GARNETT atty. for H. E. SMITH

Filed July 5th 1881. J. W. Waddill clk.

 

                                                Probate Notice

 

The State of Texas                              In the County Court

County of Collin                   To the July Term 1881

The state of Texas, to the Sheriff or any Constable of Collin County Greeting: You are hereby commanded to cause to be posted in three of the most public place in your county one of which shall be the Court house door copies of the following notice:

 

                                                The State of Texas

 

To all persons interested in the Guardianship of the estate of HATTIE B. BRADLEY a minor. H. E. SMITH has files in the County Court of Collin County an application for letters of guardianship of the person and Estate of said HATTIE B. BRADLEY minor which will be heard at the next term of said Count, commencing on the first Monday in July 1881 at the Courthouse thereof in the City of McKinney, at which time all persons interested in said minor may appear and contest said application if they see proper.

   Herein fail not, under penalty of the law and of this writ make due return. Issued the 5th day July.

   Witness J. W. Waddill clk. of said Court and seal thereof at the office in the City of McKinney this 5th day of July 1881.

 

L. S.                                                                                        J. W. Waddill Clk.

                                                                                                                County Court Collin County

 

                                                Officers’ Return

 

Came to hand on the 5th day of July 1881 and executed same day by posting copies of the within in three places in the County, one of which was at the Court house door.

                                                                                                                Wms. Warden Sheriff

 

 

 

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MRS. S. A. C. STRIPLING

                Surng. wife                                           Application for allowance.

vs.

Est. of ELISHA STRIPIN                                     Now on this day this cause continued by consent.

 

 

MRS. S. A. C. STRIPLIN                                     Application for Gdnshp.

                                Gdn.                                       July 18th 1881

Ests. of FOX STRIPLIN et al minors

                                                                Now on this day came on to be heard the application of S. A. C. STRIPLIN for letters of guardianship upon the estates of FOX STRIPLIN, CORA C. STRIPLIN, IDA STRIPLIN, FRANK STRIPLIN and ELISHA STRIPLIN, minors, and it appearing that notice of said application had been given as required by law and no objection being made to her appointment; and it further appearing to the Court that said applicant is entitled to such guardianship it is therefore ordered that said application be grand and that letters of guardianship issue to said. S. A. C. STRIPLIN upon her entering into bond in the manner prescribed by law and the approval of the same by this Court in the (sum of) Sixteen Hundred Dollars and taking the oath prescribe by law.

 

                                                                Application

 

State of Texas

County of Collin                   In County Court July Term A. D. 1881.

                                To the Hon. T. C. Goodner County Judge

                Your applicant MRS. S. A. C. STRIPLIN a resident of Collin County Texas would most respectfully represent and show to your honor that she is the mother of FOX STRIPLIN a male child and aged 9 years and of CORA STRIPLIN a female aged 7 years and MINNIE IOLA STRIPLLIN aged 5 years a female, and FRANK STRIPLIN a male aged 3 ½ years and ELISHA STRIPLIN a male aged 5 months all of whom are minors and reside in Collin County. That ELISHA STRIPLIN father of said minors is now decd. That there is an estate consisting of both real and personal property belonging to said minors situated in Collin Co. That they have no guardian of said property. That their estate is of the probable…

 

 

 

Page 96

 

 

 

…value of eight hundred Dollars.

   Wherefore applicant prays that notice of application be given as the law requires and upon final hearing that she be appointed guardian of the Est. of said minors.

                                                                                                S. A. C. STRIPLIN

                                                                                Per  Morris & Beverly Attys.

 

Filed July 6th 1881.

                                J. W. WaddillL Clk.

 

 

                                                                Probate Notice

 

The State of Texas                              In the County Court

County of Collin                                   To the July Term 1881

                The State of Texas to the sheriff or any constable of Collin County greeting:

                You are hereby commanded that you 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:

All persons interested in the guardianship of the Estates of FOX STRIPLIN, CORA C. STRIPLIN, MINNIE I. STRIPLIN, FRANK STRIPLIN & ELISHA STRIPLINMRS. S. A. C. STRIPLIN has filed in the County Court of Collin County an application for letters of guardianship of the Estate of said minors which will be herd at the next term of said Court commencing on the 34d Monday in July 1881 at the Court House in the City of McKinney, at which time all persona interested in said minors may appear and contest said application if they see proper.

                Herein fail not, under penalty of the law, and of this writ make due return. Issued the 6th day of July 1881.

                Witness J. W. Waddill Clerk of said Court and seal thereof, at office in the City of McKinney this 6th day of July 1881.

 

L. S.                                                                        J. W. Waddill Clerk

                                                                                                County court Collin County

 

 

                                                                Officers Return

 

Came to hand on the 6th day of July 1881 and execute 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

 

 

 

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S. A. C. STRIPLIN Gdn.                                      Appraisers                           

                Est. of                                                     July 18th 1881

FOX STRIPLIN et. al. minors

                                                                Now on this day it is ordered that W. H. BRUMMETT, W. P. DERR and J. Y. BOWEN be and they are hereby appointed appraisers of the estate of the minors FOX SPRIPLIN, CORA C. STRIPLIN, MINNIE I. STRILPLIN and ELISHA SPRIPLIN.

 

 

J. J. STRAIN Admr.                             2nd Anl.  A/C [Annual Account]

                Est. of                                     July 18th 1881

J. E. COX Decd.

                                Now on this day came on to be heard the second annual account of J. J. STRAIN admr. of JOSPEH E. STRICKLAND (sic) decd., and it appearing to the Court that notice of the filing of said annual account had been given as required by law, and said account being examined ant the matters and things therein fully understood by the Court it is ordered that the same be in all things approved and that said report be recorded.

 

                                                                2nd Annual Account

 

State of Texas

County of Collin                   County Court July Term 1881

                                In the matter of the Estate of JOSEPH E. COX Decd.

To the Hon. T. C. Goodner Judge of the County Court of Collin Co., Texas.          J. J. STRAIN administrator of JOSEPH E. COX makes the following second annual report of the receipts & disbursements since last annual settlement.

 

                Parties                                   Date                                       Amt.

 

From Caddick & Brinson                    Nov. 3d 1880                        $561.40

From A. B. MASON                             Jany. 10th 1881                         54.85

From P. MAUPIN                                 Oct. 15th 1880                            44.85

From P. MAUPIN                                 Jany. 10th 1881                         20.00

From JOE WADDILL                          June 6th 1881                              3.00

                                Total receipts                                                        $684.10

 

                He asks credit by the following disbursements.

 

Voucher No. 15 By amt. pd. E. B. DISHMAN Nov. 4th 1880                        $500.00

Voucher No. 16 By amt. pd. T. C. GOODNER Jany. 24 1881                         11.50

Voucher No. 17 By amt. pd. Tax Collector Jany 10th 1881                              24.70

 

 

 

Page 98

 

 

 

Voucher No. 18 By amt. pd. J. F. BUTLER on 31st Jany                             $20.00

Voucher No. 19 By amt. pd. J. H. BINGHAM June 23rd 1881                         2.00

Voucher No. 20 By amt. pd. P. MAUPIN Oct. 15th 1881                                 44.85

By bal. due admr. on last annual account                                                        16.00

By commission due admr. on receipts & disburats.                                       64.35

                                Total disbursements                                                        $683.40

   Bal. due Estate on hand                                                                  .70 cents

Administrator asks that the foregoing report be confirmed

                                                                                                                J. J. STRAIN admr. of

                                                                                                                                JOSEPH E. COX

 

Sworn to before me this July 7th 1881

                                                                J. W. Waddill   Clk C.C.C.C. Tex.

Filed July 7th 1881               J. W. Waddill

 

J. J. STRAIN admr.                             Report of sale of land

J. E. COX decd.                                   July 18th 1881

                                This day came on to be heart the report of the sale of the following land belonging to the estate of JOSEPH E. COX deceased viz an undivided one half interest eighty acres situated in Collin County Texas & being a part of a survey made in the name of L. B. STILL, the said land having been conveyed about the year 1868 by W. E. HALL to Wm. TARPBY & E. B. DISHMAN and afterwards the said E. B. DISHMAN having executed his bond for title to forty acres more or less to JOSEPH E. COX which bond is recorded in Vol. III pages 108-109 & the said JOSEPH E. COX having failed to pay for said land and it appearing to the satisfaction of the Court that J. J. STRAIN administrator of J. E. COX decd. has given due notice of the sale of said land & has compiled in all respects to the law; and it further appearing that two hundred dollars cash is a fair market value for said land the sale the same being wild land. It is therefore ordered adjudged and decreed that the report of the sale of the aforesaid land be in all respects approved & confirmed. It further appearing that E. B. DISHMAN has complied with the terms of sale by paying the purchase money, it is therefore ordered & decreed that J. J. STRAIN as administrator of JOSEPH E. COX decd. make a deed conveying the title & interest of the estate of JOSEPH E. COX deceased to the said E. B. DISHMAN.

 

 

 

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                                Report Sale [of] Land

 

State of Texas                      County Court July Term 1881

County of Collin                   In the matter of the estate of JOSEPH E. COX deceased

                To the hon. T. C. Goodner Judge of the County Court of Collin County State of Texas: J. J. STRAIN administrator of the estate of JOSEPH E. COX reports respectfully that in pursuance of an order of this Honl. Court rendered at the (blank) term 1880 directing him to sell the land belonging to the estate of JOSEPH E. COX deceased or so much thereof as may be necessary to pay the debts of his intestate on the 1st day of June as administrator he sold at private sale after giving the necessary notice the following described tract of land situated in Collin County Texas & belonging to the Estate of JOSEPH E. COX decd. & more particularly designated as a part of a survey made in the name of L. B. HILL the same being an undivided on half interest in eighty acres conveyed by W. E. HULL to Wm. TARPLEY & E. B. DISHMAN about the year 1868 or afterwards to said E. B. DISHMAN conveyed his half interest to JOSEPH E. COX decd. & said E. B. DISHMAN being the highest & best bidder thereof became the purchaser at the sum of Two Hundred Dollars cash. Administrator would further show that in all respects he complied with the order of the Court and the requirements of the law. Administrator would further state that he believes the above sale to be the best he cam make. Wherefore he prays the Court that the same be in all respects confirmed. (sic) Respectfully submitted.                                        

                                                                                J. J. STRAIN Administrator

                                                                                                JOSEPH E. COX decd.

 

Sworn to before me this July 7th 1881.

                                                J. W. Waddill Clk.

                                                Co. Court Collin Co. Texas

 

Filed July 7 1881 J. W. Waddill Clk.

 

 

F. M. DAVIDSON Admr.                     Leave to compromise suit

                Est. of                                                     July 18th 1881

T. T. BRADLEY Decd.                        Now on this day came on to be heard the application of F. M. DAVIDSON Admr. of the Estate of T. T. BRADLEY deceased for permission to compromise a suit filed in the District Court of Collin County No. 2241 by DEE HASKINS Guardian of the estate of WILLIE BRADLEY against F. M. DAVIDSON admr. of the estate of T. T. BRADLEY

 

 

 

Page 100

 

 

 

…deceased for One thousand nine hundred & fifty five dollars to recover money had and received, rents (?) of place value of horse property, for value of labor &c all of which he the said HASKINS guardian of aforesaid charges T. T. BRADLEY deceased with having received during his life time while guardian of said T. T. BRADLEY and never (?) accounting fore the same to said ward. And the Court after hearing said application and being advised as to the facts matters and things appertaining thereto granted said application to the said F. M. DAVIDSON admr. as aforesaid to compromise said suit and it is ordered adjudged and decreed by the Court that said administrator compromised said suit on such terms as will be to the best advantage to said Estate and that said compromise be subject to the approval of this Court.

 

 

J. W. BAINES Admr.                           Annual Account

                Est. of                                     July 18th 1881

M. W. GOODWIN Decd.                      Now on this day it is ordered that this cause be continued to perfect notice.

 

 

 

J. H. BOWMAN Admr.                        Order of Sale of Land &c.

Estates of                                              July 18th 1881

H. and S. E. DYE Decd.                      Now on this day came on to be heard the motion of J. H. BOWMAN Administrator of the Estate of S. E. DYE decd. for further orders with reference to the lands which were specially reported to this Court at it March Term 1881 by the commissioners appointed by said Court at its said March Term to partition the lands between the Estates of S. E. & HENRY DYE decd. and to partition the lands that should be allotted to the heirs of said S. E. DYE decd. among said heirs at incapable of a fair and equal division among said distributes and recommending that they be sold for partition. Said lands comprising 132 ½ acres and 8 1/1 acres and designated on plat accompanying said partition as Lot No. 2 (sic) and Lot No. 2; also 273 acres of the W. P. ALLEN survey…

 

 

 

Page 101

 

 

 

…belonging to the estate of the said HENRY & S. E. DYE decd. specially reported as incapable of a fair and equal division among the distributes and recommending that the same be sold for partition among said distributees. And it appearing to the Court that said report was approved and confirmed at said March Term 1881 and that the said distributees or any one or more of them were allowed to the next term of the Court to take said lands at the appraised value assessed by said commissioners in their said report; And it further appearing to the court that none of said distributees have taken the same at said appraised value it is therefore ordered adjudged and decreed by the Court that J. H. BOWMAN administrator of the Estate of S.E. DYE decd. is directed and required to sell the said lands recommended to be sold by said commissioners in the manner prescribed by law at public sale on a credit of six months, taking such security as prescribed by Law in such cases and report said sale to this Court for confirmation.

 

 

                                                Motion

 

The State of Texas                              County Court July Term 1881

County of Collin                                   Now comes J. H. BOWMAN admr. of the estate of S. E. DYE deceased and says that none of the distributees of the estate of said S. E. DYE estate have accepted the property partitioned and appraised at the March Term of the County Court of said Co. A. D. 1881, by paying to him the appraised value, and that the time given them in which to accept the same has long since expired, wherefore he asks for further orders in the premises

                                                                                Baines Wolfe & Finch

                                                                                                                Attys.

 

Filed July 18th 1881             J. W. Waddill Clk. Co. Ct. Collin Co. Tex.

 

 

J. R. BECK survg. Husband                             Apper. For Appt. Apprs.

                County Est.                                                  July 18th 1881

EMMA E. BECK Decd. Wife                              Now on this day came on to be heard the application of J. R. BECK for the appointment of appraisers of the community Est. of himself and his deceased wife EMMA E. BECK which application being heard by the Court is granted and it is ordered that JOHN MALONE, R. H. TELLERSON and JOHNSON PHILLIPPS (or PHILLIPS) be and they are hereby appointed appraisers of said Estate.

 

 

 

Page 102

 

 

 

                                                Application

 

JOS. R. BECK                                     In the County Court of Collin County for Probate

                vs.                                           July Term 1881

Community Estate                              Your Petitioner JOSEPH R. BECK a resident of County Count would respectfully show to the Court that his late wife EMMA E. BECK departed this life intestate in said county on the 18th day of June 1881 leaving surviving her two children of our marriage towit: LULA MAY aged 1 ½ years and MARY ANDREWS aged 4 months. Petitioner further shows that said departed wife and himself at the time of her death were possessed of an estate in common of property both real and personal situated in Collin Count of the value of about seven hundred dollars.

    Petitioner asks the court to appoint appraisers that he may return Inventory and appraisement of said community estate, and thereby, together with his bond, obtain exclusive management control and disposition of said estate.

 

                                                                                Respectfully                          JOSEPH R. BECK

                                                                                                                                By W. H. Andrews Atty.

Filed July 18th 1881             J. W. Waddill Clk.

 

 

G. W. STALLCUP Survg. Husband                                  Apptmt. Appraisers

                vs.                                                                                   July 18th 1881

Comty. Esta. SUSAN J. STALLCUP Decd.                    Now on this day came on to be heard the application of G. W. STALLCUP for the appointment of appraisers community estate of himself and his deceased wife SUSAN J. STALLCUP. Which application being considered by the Court is granted and it is ordered that JOHN MALONE, R. H. TELLERSON and JOHNSON PHILLIPS be and they are hereby appointed appraisers of said estate.

 

 

                                                Application

 

GEO. W. STALLCUP                           In the County Court of the County of Collin

                vs.                                           For Probate July Term 1881

Community Estate                              Your Petitioner GEO. W. STALLCUP a resident of Collin county would respectfully show to the Court that his late wife SUSAN JANE STALLCUP departed this life intestate in said County on the 23rd day of April 1881 leaving surviving her four children of our marriage, towit: THOMAS STALLCUP 13 years, JAMES E., aged 10 years, GEO. W. Jr., aged 8 years and EMMA E….

 

 

 

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….aged 6 years.  Petitioner further shows that his deceased wife and himself at the time of death were possessed of an estate in common of property both real and personal situated in Collin Count of a value of about seven hundred dollars.

   Petitioners asks the Court to appoint appraisers that he may return an Inventory and appraisement of said Community estate, and thereby, together with his bond, obtained exclusive management control and disposition of said Estate

                                                                                Respectfully G. W. STALLCUP

                                                                                                By W. H. Andrews Atty.

 

Filed July 18th 1881             J. W. Waddill Clk.

 

 

GEO. COFFMAN admrs.                    Report of sale of Land

     Est. of                                                July 18th 1881

C. BLACK Decd.                 Now on this day came on to be heard the report of the sale of the following described land of the Estate of C. BLACK Decd. by GEO. COFFMAN Admr. of said Estate pursuant to an order of this Court entered at the May Term 1881 to wit:

   Part of the JOHN COFFMAN survey in Collin Co. Beginning at the NE cor. of a tract conveyed by L. P. ALREAD (??) & wife to A. N. BROWN & C. BLACK  Thence S with the E line of said tract to the NE cor. of 11 acres taken off the S. end of said tract. Thence W parallel with the S. line of said COFFMAN survey until it come opposite a large vein of water N. of house on BROWN’S eleven acres. Said line is to curve N so as to include one half of well, leaving sufficient room to pass to the well. Thence with the N line of said eleven acres to it NE corner on the E line of the CHENOWITH survey. Then N to the NE cor. of said CHENOWITH. Thence E to the Beginning. Containing 69 acres. Sold to CLARK BLACK for Eight Hundred and Twenty Eight Dollars cash. And it appearing to the Court that said sale was fairly made and was made in conformity with the order of this Court and the law and that the land was sold for its fair market value it is therefore ordered by the Court that said sale be in all things confirmed and that said administrator execute a deed to said land to the said purchaser upon the payment by him of the purchase money.

 

                                                                Report

To the Hon. County Court of Collin County of Collin County

 

 

 

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GEO. COFFMAN Admr. of the estate of C. BLACK decd. would represent that in obedience to an order of your Hon. Court made & entered at the May Term 1881 thereof he has sold to CLARK BLACK at private sale the following described tract of land for the sum of eight hundred twenty eight (828) dollars towit: Part of the JOHN COFFMAN survey in Collin Co. Beginning at the NE cor. of a tract conveyed by L. P. ALREAD & wife to A. N. BROWN & C. BLACK Thence S. with the E line of said tract to the NE cor. of eleven acres taken off the S. end of said tract. Thence W parallel with the S. line of said COFFMAN survey until it comes opposite a large vein of water N of house on BROWN’S eleven acres. Said line is to cure N. so as to include one falf of well leaving sufficient room to pass to the well. Thence with the N. line of said eleven acres to its NE cor. on the E line of the CHENOWITH survey. Thence N to the NE cor. of said CHENOWITH. Thence E to the Beginning. Containing 69 acres.

   He represents that the same sold for it reasonable cash value & prays that the sale be approved.

 

                                                                                                                GEO. W. COFFMAN

 

Sworn to and subscribed before me this July 7th 1881.

                                                                J. W. Waddill Clk.

Filed July 7th 1881   J. W. Waddill Clk.

 

 

Ordered that Court adjourn till Tuesday morning 8 o’clock Tuesday July 19th 1881. Court met pursuant to adjournment. Present and presiding officers of Court as hereto fore.

 

Ordered that Court adjourn till Wednesday 8 o’clock A. M.

 

Wednesday morning July 20th 1881 Court met pursuant to adjournment, present and presiding officers of Court as hereto fore.

 

 

S. R. HAMILTON Gdn.                                        Annual Account

                Est. of                                                     July 20th 1881

J. T. HARTNESS minor                      Now on this day came on to be hear the annual account of S. R. HAMILTON Guardian of the Estate of JNO. T. HARTNESS a minor, and it appearing that legal notice of the same has been given, and that said account is correct, it is ordered that the same be in all things approved and be recorded.

 

 

 

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State of Texas                                      Annual Report

County of Collin   To the Hon. T. C. Goodner Judge County Court

Collin County Greeting:

                                                                As guardian of Estate of J. T. HARTNESS minor I beg leave to making the following as my Annual Report of funds belonging to said Estate.

 

                                                                SAM R. HAMILTON Guardian

                                                                To Est. J. T. HARTNESS minor

 

May 15 1880 To Balance as per last report                                                   $300.78

1881 Credits

By amts. expended for benefit of minor                                                                                         $     2.20

May 1 To. 12% int. on $298.58 from May 15/80 to May 1/1881                      34.34

By balance                                                                                                                                                332.92

                                                                                                                                $335.12                 $3335.12

May 1 1881 To Balance Brot. Forward                                                            $332.92

I hereby certify on oath that the above is a correct (?) of funds in my charge belonging to said estate This

April 30th 1881.

                                                                                SAM R. HAMILTON

                                                                                                Guardian

Sworn to and subscribed before me this 5th day of May 1881. Witness my official signature & seal of office this 5th May 1881.

L. S.                                                                        J. A. ASTON Notary Public C. C. Tex.

 

 

S. J. KIRKPATRICK Gdn.                                                  Annual Report

                Est. of                                                                     July 20th 1881

JNO., ROBT. & ALICE CREWS Minors                          Now on this day came on to be heard the annual Report of S. J. KIRKPATRICK Gdn. of the Ests. of JNO., ROBT. & ALICE CREWS minors, and it appearing to the Court that notice of the filing of said report had been given as required by law, and that said report is correct it is ordered that the same be in all things approved and recorded.

 

 

                                                                                Annual Report

 

To the Honorable Count Court of Collin County. S. J. KIRKPATRICK Guardian of JOHN CREWS, ALICE CREWS and ROBERT CREWS would respectfully make the following exhibit of receipts and disbursements of said estate since her appointment

 

Received from sale of Beehives                                                      $13.50

                Safe and bedstead                                                               11.00

                One wagon                                                                             15.00

                One wagon                                                                             30.00

 

 

 

 

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One looking glass                                                                                                   1.00

One cook stove                                                                                        8.00

Cash on rent of farm                                                                            50.00

Cash on rent of farm                                                                            28.00

Labor & material for repairing fence                                                                 22.60

Board & lodging for ALICE CREWS 5 months                                37.50

                                                                Total Receipts                   $216.60

 

 

                Paid out

For 7 pr. shoes & one pr. boots                                                             9.25

Sixty-Five yds of dress goods                                                             17.22

3 Hats                                                                                                        2.40

Clothing                                                                                                     3.70

Common private school tuition                                                            8.75

To. Dr. G. W. Cane for medical service                                               5.00

Cash to JOHN & ALICE CREWS                                                         6.00

Court costs per Vocher No. 1                                                               11.70

                                                Carried Forward                                  $60.02

Brought forward                                                                                   $60.02

Cash expenses JOHN & ALICE CREWS to Dallas                           7.50

To W. S. FAIRES for material and labor in repairing fence           22.60

To W. S. FAIRES for Boarding ALICE CREWS 5 months              37.50

Board furnish by Guardian to ALICE CREWS 19 months              57.00

And to ROBERT CREWS 27 months                                                 54.00

                                                                                                              $242.62

   The property of the estate includes 80 acres of land, 35 acres of which is in cultivation, good house, well and orchard.

   The farm has been rented for this year to W. S. FAIRES at 3 ½ dollars per acre for the land in cultivation.

                                                                               

                                                                                                                                  her

                                                                                                                MRS. S. J. X KIRKPATRICK

                                                                                                                                  name

 

Subscribed & sworn to before me this 14th day of May 1881.

L.D.                                                                         J. W. Waddill

 

Filed May 14th 1881. J. W. Waddill

                                                Co. Clerk

 

G. D. HUEY Gdrn.                                                Approval Inventory

ROBT. GATES minor                                          July 20th 1881

                                Now on this day came on to be heard the Inventory and appraisement of the estate of ROBT. GATES a minor filed by G. D. HUEY Gdn, And said Inventory and appraisement being examined by the Court and found in all things correct it is ordered that the same be approved and recorded.

 

 

 

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                                                Inventory

 

Inventory & appraisement of the property of the Estate of ROBT. GATES minor.

 

                                                Real Property

¼ undivided interest in 69 9/10 acres of the MARTIN HEARN survey                                     $375.87

¼ undivided interest in 12 ½ acres of the THOMAS CHAMBERS survey                                                   15.62

                                                Cash Received                                                                                    $398.74

                                                Total                                                                                                       $790.23

 

GEORGE HUEY Guardian would represent that since his appointment as Guardian the estate has been in litigation relative to partition and he has Just been able to collect the Estate so as to be able to return an Inventory. He further represents that the real estate was valued by the commissioners of partition of the estate of J. M. GATES Decd. and no appraisers have been appointed in this estate & he returns the same at their appraisement and prays that it be received or appraisers be now appointed.

                                                                                                                G. D. HUEY Guardian

 

GEORGE HUEY Guardian of the Estate of ROBT. GATES minor being sworn says on oath that the above and forgoing is a true & correct Inventory of the property real and personal belonging to said minor which has come to his hands as such guardian.

                                                                                                G. W. Waddill Clk.

                                                                                                   By G. S. Morris Dpy.

Filed May 31st 1881

                                J. W. Waddill Clk.

 

G. D. HUEY Gdn.                                 Annual Account

ROBT. GATES minor                          July 20th 1881

                Now on this day this Acct. A/C is continued by operation of Laaw.

 

 

G. D. HUEY Gdn.                                 Inventory and Appraisement

JULIA GATES minor                           July 20th 1881

                Now on this day came on to be heard the Inventory and Appraisement of the Estate of JULIA GATES a minor filed by her Gdn. GEORGE D. HUEY and said Inventory and Appraisement being examined by the Court and found in all things correct it is ordered that the same be approved and recorded

 

 

                                                Inventory and Appraisement of the property of the Estate of JULIA GATES minor

                                                               

                                                                Real Property

                                                               

 

 

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¼ undivided interest in 69 9/10 acres of the MARTIN HEARD survey valued at                                    $375.87

¼ undivided interest in 12 ½ acres of the THOMAS CHAMBERS survey Valued at                                 15.62

                Cash Received                                                                                                                                      388.56

                                Total                                                                                                                                       $789.95

 

 

GEORGE HUEY Guardian would represent that since his appointment as Guardian the estate has been in litigation relative to partition and he has Just been able to collect the Estate so as to be able to return an Inventory. He further represents that the real estate was valued by the commissioners of partition of the estate of J. M. GATES Decd. and no appraisers have been appointed in this estate & he returns the same at their appraisement and prays that it be received or appraisers be now appointed.

                                                                                                                G. D. HUEY Guardian

 

GEORGE HUEY Guardian of the Estate of ROBT. GATES minor being sworn says on oath that the above and forgoing is a true & correct Inventory of the property real and personal belonging to said minor which has come to his hands as such guardian.

                                                                                                G. W. Waddill Clk.

Filed May 31st 1881 J. W. Waddill Clk.

 

 

GEO. D. HUEY Gdn.                                           Annual Account

JULIA GATES minor                                           July 20th 1881

                Now on this day the annual account filed herein is continued by operation of Law.

 

 

GEO. D. HUEY Gdn.                                           Inventory. July 20th 1881

S. E. GATES minor                                              Now on this day came on to be heard the Inventory and appraisement of the Estate of S. E. GATES minor filed by GEO. D. HUEY Gdn. and said Inventory & Appraisement being examined by the Court and found in all things correct it is ordered that the same be approved and recorded.

 

Inventory & Appraisement of the property of the estate of ELIZABETH GATES minor

                               

                                                                Real Property

¼ undivided interest in 69 9/10 acres of the MARTIN HEARD survey valued at                                    $375.87

 

 

 

 

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¼ undivided interest in 12 ½ acres of the THOMAS CHAMBERS survey Valued at                                 15.62

                Cash Received                                                                                                                                      370.04

                                Total                                                                                                                                       $761.53

 

 

GEORGE HUEY Guardian would represent that since his appointment as Guardian the estate has been in litigation relative to partition and he has Just been able to collect the Estate so as to be able to return an Inventory. He further represents that the real estate was valued by the commissioners of partition of the estate of J. M. GATES Decd. and no appraisers have been appointed in this estate & he returns the same at their appraisement and prays that it be received or appraisers be now appointed.

                                                                                                                G. D. HUEY Guardian

 

GEO. HUEY Guardian of the estate of ELIZABETH GATES minor being sworn says on oath that the above & foregoing is true & correct inventory of the property real & personal belonging to said minor which has come to his hands as such guardian.

                Sworn to before me this May 31st 1881.

                                                                                J. W. Waddill Clk.

                                                                                By G. S. Morris Dy.

Filed May 31 1881 J. W. Waddill Clk.

 

 

GEO. HUEY Gdn.                                Annual Account

S. E. GATES minor                              July 20th 1881

                                Now on this day the annual account herein filed is continued by operation of Law.

 

GEO. HUEY Gdn.                                Inventory &c.

J. T. GATES minor                              July 20th 1881

                Now on this day came on to be heard the Inventory and appraisement of the Estate of J. T. GATES minor filed by G. D. HUEY Gdn. and said Inventory & appraisement being examined by the Court and found in all things to be correct it is ordered by the Court that the same stand approved and be recorded.

 

Inventory & Appraisement of the property of J. T. GATES minor

 

                                                Real Property

¼ undivided interest in 69 9/10 acres of the MARTIN HEARD survey valued at                                    $375.87

¼ undivided interest in 12 ½ acres of the THOMAS CHAMBERS survey Valued at                                 15.62

 

 

 

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                Cash Received                                                                                                                                      363.99

                                Total                                                                                                                                       $755.46

 

GEORGE HUEY Guardian would represent that since his appointment as Guardian the estate has been in litigation relative to partition and he has Just been able to collect the Estate so as to be able to return an Inventory. He further represents that the real estate was valued by the commissioners of partition of the estate of J. M. GATES Decd. and no appraisers have been appointed in this estate & he returns the same at their appraisement and prays that it be received or appraisers be now appointed.

                                                                                                                G. D. HUEY Guardian

 

 

GEO. HUEY Guardian of the estate of J. T. GATES minor being sworn says on oath that the above & foregoing is true & correct inventory of the property real & personal belonging to said minor which has come to his hands as such guardian.

                Sworn to before me this May 31st 1881.

                                                                                J. W. Waddill Clk.

                                                                                By G. S. Morris Dy.

Filed May 31 1881 J. W. Waddill Clk.

 

 

GEO. D. HUEY Gdn.                           Annual Account

J. T. GATES minor                              July 20th 1881

                Now on this day the annual account filed by the Gdn. in this Estate is continued by operation of Law.

 

 

LUCY DULANEY Exrx.                       Bond Approval of                                               

Est. of J. E. DULANEY Decd.            July 20th 1881

                Now on this day it is ordered by the Court that the bond of LUCY DULANEY a Executrix of the last will of J. E. DULANEY Decd. be approved and recorded.

 

                                                                Bond and Oath

 

The State of Texas              Know all men by these present that we LUCY DULANEY and (blank) and (blank) as

Collin County                       sureties are held and firmly bound unto the Hon. T. C. Goodner County Judge Collin County Texas and to his successors in office in the sum of four thousand dollars. Conditioned that the above bounden LUCY DULANEY who has been appointed executrix of the last will and testament of…

 

 

 

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…of JOSEPH DULANEY decd. by the Hon. County Court of Collin County Texas shall well and truly perform all the duties required of her under said appointment.

                Witness our hands this May 30th A. D. 1881.

                                                                                                LUCIE A. DULANEY           Seal

                                                                                                H. C. BARNES                     Seal

                                                                                                MARTHA A. FIELDS           Seal

                                                                                                JAS. W. FIELDS                   Seal

 

I swear that I will well & truly perform the duties of Executrix of the last will & testament of JOSEPH E. DULANEY decd. in accordance with law to the best of my ability—so help me God.

 

                                                                                                LUCIE A. DULANEY

 

Sworn to and subscribed before me this May 31st 1881.

                                                                J. W. Waddill Clk.

                                                                Co. Court Collin Co. Texas

 

Filed June 1st 1881. J. W. Waddill Clk.

 

 

F. M. DAVIDSON Admr.                                     Sale Personal Property

Est. of                                                                                     July 20th 1881

T. T. BRADLEY Decd.                        Now on this day came on to be heard the report of sale of personal property of the Estate of T. T. BRADLEY decd. made by F. M. DAVIDSON Admr. of said Est. pursuant to an order of this Court made at the May Term 1881. Which said report being examined by the Court and it appearing that said sale was fairly made in conformity with the regulations prescribed by law and with the order of this Court it is ordered by the Court that said sale be approved and recorded and that said administration deliver said property to the several purchasers thereof upon their complying with the terms of said sale.

 

                                                Report of Sale

 

The State of Texas              In County court of said County

Collin County                       Sitting for Probate & other like purposes July Term 1881.

                                The undersigned admr. of the Estate of T. T. BRADLEY deceased respectively shows that at the late residence of said BRADLEY in said County on the 4th day of June instant by virtue of an order of said Court passed at the may term of said Court to sell personal property He the said Admr. after due and legal notice given sold upon a credit of six months to the highest bidder at public auction certain property belonging to the estate of said decedent.

 

 

 

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…a full and correct account whenof is respectfully submitted to the court as follows towit:

 

1st Common property between T. T. & S. J. BRADLEY both of whom are now decd.

 

One set old wagon wheels to H. E. SMITH for                                   $2.00                 

One Iron tooth harrow to W. B. HARRISON for                                   3.75 

7 Plows to SID BUSTO for                                                                      2.25

1.2 horse wagon to W. B. HARRISON for                                         15.75

2 set of plow gears to JESSE SHAIN for                                               .90

1 side saddle to J. A. BUCK FOR                                                         2.50

1 shot gun to SUSAN BRADLEY for                                                     7.25

1 gold watch to W. D. PARKER for                                                        8.50

1 Brown mare mule to JESSE SHAIN for                                        125.00

1 Bay mare to JOHN BUCK for                                                           84.25

1 Milch cow to J. B. STIFF for                                                               23.00

1 Milch cow to W. B. HARRISON for                                                   13.50

1 Milch cow to W. B. HARRISON for                                                   20.50

1 cotton sweep to S. J. B. PLEMMONS for                                          3.25

                                                Total                                                       $312.40

 

Common property between T. T. & SUSAN BRADLEY

 

1 Bu. gum & Bees (?) to J. B. STIFF for                                               1.85

1 Bu. gum & Bees (?) to G. R. HOWELL for                                        2.55

1 Bu. gum & Bees (?) to L. A. FOOTE for                                             3.35

3 Bu. gum & Bees (?) to S. J. B. PLEMMONS for                              3.45

1 gray mare & colt to G. R. HOWELL for                                              4.10

1 year old filley to W. B. HARRISON for                                             26.00

1 sucking colt to JOHN BUCK  for                                                       13.00

1 sucking colt to J. B. STIFF for                                                              2.00

                                Brought over                                                             59.30

1 Bull calf to WILLIS DOWELL for                                                        12.50

1 calf to W. B. HARRISON for                                                                 6.50

                                Total                                                                         $78.30

 

                Separate Estate of T. T. BRADLEY

 

1 Man’s saddle to G. A. WILSON                                                            4.75

 

                Estate of T. T. BRADLEY & First wife

 

1 Rife gun to W. R. DOWELL                                                                 $2.50

 

                Sum Total of all the Estates                                                $397.95

 

 

The State of Texas

Collin County                       Before me J. W. Waddill Clerk of the County Court in of for Collin County State of Texas came F. M. DAVIDSON admr. for the Estate of T. T. BRADLEY deceased who being duly sworn disposes…

 

 

 

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…and says that the foregoing report is a true and correct account of the sale made by him of certain personal property belonging to said estate at the time of place aforesaid.

                                                                                                                                F. M. DAVIDSON

Sworn to before me this 15th day of June 1881.

                                                                J. W. Waddill Clk.

Filed June 15th 1881.          J. W. Waddill clk.

 

 

SARAH M. BENGE Exrx.                                   Application for Probate of Will

                Est. of                                                                     July 20th 1881

J. M. BENGE Decd.                            Now on this day came on to be heard the application of SARAH M. BENGE for the probate of the will of J. M. BENGE Decd. and it appearing to the Court that  notice of this application had been given as required by law and the said will being inspected and the testimony in support thereof which was reduced to writing as required by law, being heard, it is ordered by the Court that said will be admitted to probate and the same with all the stipulations provisions and matters and things therein contained be confirmed and established as the last will and testament of J. M. BENGE deceased. And that it be recorded.

   It is further ordered that letters testamentary on said will issue to SARAH M. BENGE the Executrix appointed by said will upon her filing an Inventory and appraisement of the Estate of said J. M. BENGE decd. and that thereupon she take charge of and administer upon said estate as such Executrix without any further intervention on the part of this Court.

 

                                                Application for Probate &c.

 

State  of Texas

Collin County       Collin County Court July Term 1881

                To the County Court of Collin County Texas : MRS. SARAH M. BENGE who resides in Collin County Texas represents that about the 12th day of June 1881 J. M. BENGE departed this life at his home in Collin County Texas. That prior to his death the said J. M. BENGE made and executed a valid will in which this applicant was named as Executrix. That said will is herewith filed for the inspection of the Court. That this applicant is the surviving wife of said…

 

 

 

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J. M. BENGE and that she is not disqualified from accepting letters testamentary. That said J. M. BENGE was in debt at the time of his death and that his estate is now in debt. That said J. M. BENGE left an estate of the probable value of Five Thousand Dollars consisting of in the main of real estate and horses cows and household & kitchen furniture; That said testator stated in said will that he wished no other action to be taken in the Probate court in the settlement of his estate except to prove & record said will and for an Inventory of his estate to be returned into Court.

   Premises considered your Applicant asks that the notice required by law be given of the filing of this application, That said will be probated, That appraisers be appointed to appraise and return an Inventory of the property of said estate. And for general and equitable and special relief.

                                                                                                                Jenkins Muse & Lewis

                                                                                                                   Attorneys for Petition

Filed June 15th 1881. J. W. Waddill Clk.

 

               

                Probate Notice

 

The State of Texas              In the County Court

County of Collin                   To the July Term 1881

                The State of Texas to the Sheriff or any constable of Collin County Greeting: You are hereby commanded that you 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 estate of J. M. BENGE Decd.—SARAH M. BENGE Executrix has filed in the County Court of Collin County an application for probate of the last will and testament of J. M. BENGE Decd. which will be heard at the next term of said Court, commencing on the 3rd Monday in July 1881 at the court House thereof in the City of McKinney. At which time all persons interested ins aid Estate may appear and contest said application if they see proper.

   Herein fail not under penalty of the law and of this writ make due return.

   Issued the 15th day of June 1881. Witness J. W. Waddill clk. of said Court and seal thenof at office in the City of McKinney this 15th day of June 1881.

                                                                                J. W. Waddill Clerk County Court Collin County

 

 

 

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                                Sheriff’s Return

 

Came to hand on the 15th day of June 1881 and executed the 16th day of June 1881 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

 

 

                                                                                Will

 

In the name of God amen. I, J. M. B                ENGE of Collin County Texas being of sound mind & in good bodily health but mindful of the fact that life is uncertain do make publish & ordain this as my last will & testament hereby revoking all other by me at anytime heretofore made.

 

1st I desire that my body be buried in a decent and Christian manner suitable to my condition in life.

 

2nd I direct that my Executrix herein after mentioned shall payoff out of the first moneys coming into her hands all my Just and legal debts.

 

3rd I hereby will & bequeath into beloved wife SARAH M. BENGE all my property both real & personal of whatever mind nature and where is situate to be by her used & employed (?) and deposed of either by sale thereof or in any other way she may see fit for the benefit of herself and the three children of the said SARAH M. BENGE & myself towit: JAMES McLINN BENGE, WILLIAM B. BENGE and LENA BENGE.

 

4th It is my desire that my said wife shall have & she is hereby vested with full power to dispose of any or all of my estate either for the benefit of herself & our three children as named in subdivision 3rd hereof.

 

5th It is my wish that my three children JAMES McLINN BENGE, WILLIAM B. BENGE and LENA BENGE in case they shall outlive their mother SARAH M. BENGE shall have an equal interest in all the property of which I may die seized and possessed and which may not have been disposed of by my wife before her death.

 

6th I desire that should my wife live longer than our children heretofore mentioned then that all the property both real & personal of which I may die (?) seized and possessed shall descend & vest absolutely in my said wife SARAH M. BENGE without reversion or remainder to anyone.

 

7th I hereby nominate and appoint my said wife SARAH M. BENGE as the executrix of this my last will and testament And…

 

 

 

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…I desire that no bond or security whatever be required of my wife said Executrix for the faithful performance of the duties and trusts imposed upon her by the terms of this instrument.

 

8th I desire that no other action be had in the County Court or the Court for the settlement of the estates of deceased persons except to prove and record this will, and that an Inventory & appraisement of all property of which I may die possessed shall be filed with said Court.

 

9th I will and direct that should my executor as herein named have departed this life at the time of my death then that my beloved son JAMES M. BENGE shall be the executor of this my last will & testament with the same powers authority & privileges & order the same limitation & restrictions as herein imposed on my said executrix in the execution of this will. This June 10th 1879.

                                                                                                J. M. BENGE

 

This above Last Will and Testament of J. M. BENGE was signed by him in our presence; and at his special instance and request we sign the same as witnesses. This June 10th 1879.

 

                                                                                                                JAS. W. BAINES

                                                                                                                P. WALTON

 

Filed June 15th 1881. J. W. Waddill clk.

 

 

                                                                Proof

 

State of Texas                      Estate of J. M. BENGE Deceased

County of Collin   To the County Court of Collin county Texas July Term 1881

Personally appeared before the undersigned authority J. W. BAINES who with J. M. BENGE decd. in his lifetime who was a citizen of Collin County Texas. That the said BENGE departed this life on or about the (blank) day of June 1881. That on the 10th day of June 1879 affiant and P. WALTON signed the instrument of writing purporting to be the last will and testament of the said J. M. BENGE, which was filed in the papers of said estate on the 15th day of June 1881. That affiant and said WALTON signed said will in the presence of said J. M. BENGE decd. at his instance and request as witnesses to said will in the presence of each other. That at the time said BENGE signed said will he was over the age of 21 years. And affiant further states that at the time of the signing of said will by said BENGE he state to affiant and the said WALTON that said instrument of writing was his last will and testament and at the time said BENGE signed said will he was…

 

 

 

Page 117

 

 

 

…of sound mind. Affiant further states that at the time he and the said WALTON signed said instrument they were both over the age of 14 years.

                                                                                                JAS. W. BAINES

 

Sworn to and subscribed before me in open Court this 20th day of July 1881.

                                                                                                                J. W. Waddill Clk. of Co. Ct. Collin Co. Texas

Filed July 20th 1881.            J. W. Waddill Clk.

                                                                Co. Ct. Collin Co.

 

 

SARAH M. BENGE Exrx.                   Appraisers

                Est. of                                     July 20th 1881

J. M. BENGE Decd.            Now on this day it is ordered by the Court that J. D. PAGE (?), G. A. WILSON and JAMES SPRADLEY be and they are hereby appointed appraisers of the Estate of J. M. BENGE Decd.

 

                                                                Est. of JOHN MAGNER Decd.

 

SARAH MAGNER Exrx.                     Probate of Will &c.

                Est. of                                     July 20th 1881

JOHN MAGNER Decd.                      Now on this day came on to be heard the application of SARAH MAGNER for the probate of the last will of JOHN MAGNER and for letters testamentary thereon. And it appearing to the Court that notice of said application has been given as required by law; And said will being inspected by the Court and the testimony which was reduced to writing as required by law—being heard, it is ordered by the Court that said will be admitted to probate, and that the same together with all the provisions stipulations, conditions and matters and things therein contained be, and the same is confirmed and established as the last Will and Testament of JOHN MAGNER deceased. And it is ordered that said Will be recorded.

     It is further ordered by the Court that Letters Testamentary upon said will issue to said SARAH MAGNER upon her filing an Inventory of the property of said Estate and that thereupon she take charge of and administer said estate under said will without further intervention of this Court.

 

                                                                Application For Probate

 

To the Hon. County Court of Collin Co.

                MRS. SARAH MAGNER represents that on or about the 7th day of…

 

 

 

Page 118

 

 

 

…June 1881 JOHN MAGNER departed this life in Collin Co. testate, Leaving an Estate in said Co. of the probable value of Two Thousand Dollars. That she is the surviving wife of said Decd. and by the terms of his last will & testament she is appointed the sole Executrix thereof & relieved of giving bond or of any action being had in the Courts of the County except the probate of said will & return of an Inventory.

     Said Will herewith filed mkd. A & made a apart hereof.

     Wherefore she prays that said Will be admitted to probate & she confirmed as said Executrix of the same & for general & special relief.

                                                                                Throckmorton Brown & Bro.

 

Filed June 17th 1881           J. W. Waddill Clk.

 

                                                                Probate Notice

 

The State of Texas                                              In the County Court

County of Collin                                                   To the July Term 1881

                The State of Texas to the Sheriff or any constable of Collin County, Greetings: You are hereby commanded to cause to be post in three of the most public places in your County, of which shall be at the Court House door, copies of the following notice:

                                The State of Texas to all persons interested in the Estate of JOHN MAGNER Decd; SARAH MAGNER Exectrx. Has filed in the County Court of Collin County an application for probating the last will & testament of said JOHN MAGNER which will be heard at the next term of said Court, commencing on the 3rd Monday of July 1881 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 writ make due return. Issued the 17th day of June 1881.

                Witness J. W. Waddill Clk. of said Court and seal thereof at office in the City of McKinney this 17 day of June 1881.

 

L. S.                                                                                                        J. W. Waddill Clerk

                                                                                                                      County Court Collin County

 

Officers Return

 

Came to hand on the 17th day of June 1881 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

 

 

 

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                                                Will

 

                In the name of God Amen. We JOHN MAGNER & SARAH MAGNER husband & wife knowing the uncertainty of life & being now of sound mind & disposing memory & desiring of disposing of our property after our demise do make & publish this our last will & testament.

 

First: We desire that our bodies after death be decently interred.

 

Second: We bequeath to the survivor of our marriage during his or her natural life with power of sale or disposition in fee simple all our property real, personal & mixed to be used occupied & enjoyed the same as we do Jointly while living or disposed of as above.

 

Third: It is our desire & we so bequeath that at the death of the survivor of our marriage all of property as aforesaid remaining shall pass & descend to the children of our marriage in equal portions.

 

Fourth: We herby nominate constitute & appoint the survivor of our marriage as sole Executor or Executrix of this our last will & testament & hereby relieve him or her from giving bond under the law & direct that no action shall be had in the Courts relative to our estate except the probating this will & return of an Inventory.

                In witness whereof we hereunto sign our names Sept.—1880.

 

                                Signed                                                   JOHN MAGNER

                                                                                                SARAH MAGNER

Witness: W. P. WIGGLE

Witness:         his

                J. B.  X  WATSON

                       mark

Files June 17th 1881           J. W. Waddill

 

                                                                Proof

 

State of Texas                      Personally appeared before the undersigned authority J. B. WATSON so being duly

Collin County                       sworn says on oath that he signed the last will & testament of JOHN MAGNER Decd. by making his mark dated the (blank) day of Sept. 1880 in the presence of & at the request of said MAGNER. And that said JOHN MAGNER Decd. signed the same in his presence and in the presence of W. P. WIGGLE & requested them to sign the same as witnesses. That he & said WIGGLE were both over the age of twenty one years at the time of signing and the said JOHN MAGNER at the time he signed said last will & testament was more than twenty one years of age & was of sound & sane mind.

                                                                                                                         his

                                                                                                                   J. B. X WATSON

                                                                                                                        Mark

 

Sworn to & subscribed before me this July 19th 1881.

                                                                                J. W. Waddill Clk.

Filed July 19th 1881. J. W. Waddill Clk.

 

 

 

Page 120

 

 

 

                                                                Appraisers

 

SARAH MAGNER Exrx.                                     Appointment of Appraisers

                Est. of                                                     July 20th 1881

JNO. MAGNER Decd.                                        Now on this day it is ordered by the Court that L. J. GRAVES, W. E. ROBERTS and DAVID O’BRIEN be and they are hereby appointed appraisers of the estate of JOHN MAGNER Decd.

 

                                                                Estate of EVA RICHARDSON Minor

 

J. H. JENKINS Gdn.

                Est. of                                                     Transfer to Dist. Ct.

EVA RICHARDSON a minor                             July 20th 1881

                Now on this day came on to be heard the motion of J. H. JENKINS Gdrn. of the Est. of EVA RICHARDSON a minor to transfer this Estate to the District Court. And the matters and things in said motion being considered and it appearing to the Court that T. C. GOODNER Co. Judge of Collin County is disqualified to act in the matters pertaining to this Estate by reason of his being the brother in law of J. H. JENKINS Guardian of the said minor it is ordered that his cause be transferred to the District Court Collin County. And that the clem (?) of this Court transmit to the said District Court all the original papers in said cause, together with a certified copy of this order.

 

Ordered that Court adjourn till Thursday Morning 9 o’clock.

 

Thursday morning 9 o’clock July 21st 1881 Court met pursuant to adjournment present aand presiding officers of Court as heretofore.

 

                                                Comty. (Community) Estate JOS. R. and EMMA E. BEAN

 

JOS. R. BEAN survg. Husband

                vs.                                                           Inventory and Appraisement

Comty. Est. EMMA E. BEAN Decd.                  July 21st 1881

                Now on this day comes JOS. R. BEAN and files his Inventory as surviving husband of EMMA E. BEAN Decd. of the community Est. of said JOS. R. & EMMA E. BEAN Decd. and the appraisement of the property by the appraisers heretofore appointed. Which Inventory and Appraisement being examined by the Court is approved and ordered to be recorded.

 

                                                                Inventory

 

Inventory and appraisement of the community Estate of JOSEPH R. BEAN and his deceased wife EMMA E. BEAN.

 

 

 

Page 121

 

 

 

                                                                Real Estate

 

160 acres Wm. CULWELL survey-one individual eighty five acres

                                Interest in said land                        $375.00

 

                                                                Personal

 

1 Mare                                                                                   75.00

1 Mare & colt                                                                        75.00

11 Head of Cattle                                                                                90.00

1 Sow & 5 pigs  1.00                                                             6.00

1 Wagon                                                                                35.00

1 Cultivator vator (?)                                                           20.00

1 shovel plow                                                                         3.00

1 Turning plow                                                                       5.00

1 Sweep                                                                                                  1.25

1 Ax                                                                                            .50

1 set of plow gears                                                                5.00

1 hand saw & hammer & hatchet                                       1.50

1 stove & fixtures                                                                 10.00

     Lard cans                                                                             .75

3 Jugs 10cts.                                                                            .30

3 Cogs 25cents                                                                        .75

3 Pans Tin                                                                                 .50

3 Tin Buckets                                                                            .50

2 Wooden Buckets                                                                  .25

1 Coffee Mill                                                                             .25

5 Gal Stone ware 10ct. Gal.                                                   .50

     Plates Cups & glasses                                                    1.00

1 Washing machine & ringer                                              5.00

1 Bedstid (sic) & mat                                                             4.00

1 Bedspread2 Bedspread                                                   1.00

3 Bed quilts                                                                             8.00

4 Bed sheets 20cts.                                                                 .80

1 Pair of scales                                                                      1.00

                                                Total                                    730.35

 

The State of Texas                              This day personally appeared before me the undersigned authority J. R. BEAN Collin County                                        who being duly sworn on oath says that the above and forgoing Inventory is correct.

                                                                                                                                J. R. BEAN          

 

Sworn to and subscribed before me this the 20th day of July.

                                                                                J. M. BOUNDS, J. P. COLLIN CO. (?)

 

The State of Texas                              This day person appeared before me the undersigned authority. H. TILLERSON,

Collin County                                       and JONS. PHILLIPPS

 

 

 

 

Page 122

 

 

 

…who being duly sworn on oath say that the valuation of the above Inventory is correct.

 

                                                                                                                R. H. TILLERSON

                                                                                                                H. J. PHILLPS

 

Sworn to and subscribed before me this the 20th day of July 1881.

                                                                                F. M. Bounds J. P. Collin County Texas

Filed July 20th 1881. J. W. Waddill Clerk

 

 

                                                Comty. (Community) Est. GEO. W. and S. J. STALLCUP

 

GEO. W. STALLCUP survg. Husband    

       vs.                                                                                    Inventory and Appraisement                            

Comty. Est. G. M. & SUSAN J. STALLCUP                    July 21st 1881

                Now on this day came on to be heard the Inventory and Appraisement of the Community Estate of G. W. and SUSAN J. STALLCUP filed by G. W. STALLCUP surviving husband, which said Inventory being examined by the Court is approved and ordered recorded.

 

                                                                                Inventory &c.

 

Inventory and appraisement of the community Estate of GEORGE W. STALLCUP and his deceased wife SUSAN J. STALLCUP.

 

                                                                Real Estate

 

160 acres Wm. CULWELL survey one undivided eight five aces interest in said land                         $425.00

 

                                                                Personal Estate

 

1 cultivator                                                                                                                                                                 20.00

3 Plows                                                                                                                                                                         4.00

2 stoves                                                                                                                                                                        6.50

1 Pot                                                                                                                                                                              1.50

    Table ware                                                                                                                                                               3.00

1 safe                                                                                                                                                                            2.50

5 Gal. stone ware 10ct.                                                                                                                                                .50

2 Bakers                                                                                                                                                                                       1.00

4 Cans .25                                                                                                                                                                   1.00

2 buckets                                                                                                                                                                        .25

1 Churn                                                                                                                                                                        1.00

1 Cay (?)                                                                                                                                                                        .50

3 Pans                                                                                                                                                                            .75

1 Brace & Bits                                                                                                                                                              1.25

1 saw                                                                                                                                                                             1.00

2 squares                                                                                                                                                                      1.50

1 Drawing knife                                                                                                                                                             .50

3 Planes 50cents                                                                                                                                                         1.50

2 Sash                                                                                                                                                                           1.00               

1 Pair of Scales                                                                                                                                                           1.00

2 Sm. Iron                                                                                                                                                                       .75

2 Tables                                                                                                                                                                                        3.50

3 Howes                (sic)                                                                                                                                                               1.00

2 Axes                                                                                                                                                                              .50

1 Matic (sic)                                                                                                                                                                    .25

   Lot of old Irons                                                                                                                                                          1.00

2 Bedsteads 2$                                                                                                                                                            4.00

2 Feather Bed & Pillows                                                                                                                                            16.00

1 Matress (sic)                                                                                                                                                               1.50              

4 Bed sheets                                                                                                                                                                   .80

10 Quilts                                                                                                                                                                                       11.00

1 Bible & Tes (Testament)                                                                                                                          5.00

1 Clock                                                                                                                                                                           5.00

1 Trunk                                                                                                                                                                           3.00

1 Looking Glass                                                                                                                                                              .50

7 chairs 25cts.                                                                                                                                                               1.75

 

 

 

Page 123

 

 

 

90 Lbs. Bacon                                                                                                                                                             10.00

1 Cow & calf                                                                                                                                                                15.00

1 Bay Horse Brand T_                                                                                                                                               35.00

1 Black Horse Brand H7                                                                                                                                           35.00

                                      00

                                      HL

1 Mule                                                                                                                                                                           50.00

1 Wagon                                                                                                                                                                       10.00

1 Set of Harness                                                                                                                                                           6.00

1 set of harrnes (sic)                                                                                                                                                      .50

50 chickens                                                                                                                                                                   5.00

                                                                                                                Total                                                           $701.80

 

The State of Texas

Collin County                       This day personally appeared before me the unsigned authority R. H. TILLERSON and H. J. PHILLIPS who being duly sworn on oath say that the above and foregoing Inventory is correct.

 

                                                                                                                R. H. TILLERSON

                                                                                                                H. J. PHILLIPS

 

Sworn to and subscribed before me this the 20th day of July A. D. 1881.

                                                                                                F. M. Bounds J. P.

                                                                                                  Collin County Texas

 

The State of Texas

Collin County                                       This day personally appeared before me the undersigned authority G. W. STALLCUP who being duly sworn on oath says that the above and foregoing Inventory contains a full and complete list of all the community property owned or held by me and my wife SUSAN J. STALLUP.

 

                                                                                                                                G. W. STALLCUP

Sworn to and subscribed before me this the 20th day of July.

                                                                                F. M Bounds J. P.

                                                                                Collin County

 

Filed July 20th 1881. Jas. W. Waddill Clerk

 

Ordered that Court adjourn until tomorrow morning 9 o’clock. Friday morning July 22nd 1881 Court met pursuant to adjournment. Present and presiding officers of Court as heretofore.

 

J. M. HODGES Admr.                         Final Account

                Est. of                                     July 22nd 1881

L. P. HODGES Decd.                                          Now comes this day this cause is continued upon the application of the Administrator.

 

 

JOHN JOHNSON                                                Application to sell land

    vs. Est. of                                           July 22nd 1881

PERRY GRAYSON decd.                  Now on this day this cause is continued by consent.

 

G. A. WILSON Gdn.                             Estate JAS. WATTS-Minor 1st Anl. (Annual) Report

JAS. WATTS minor                             July 22nd 1881



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