Montgomery County, Texas


Originally Abstracted by Eileen L. Behrman and published in "The Herald" Genealogy Quarterly, MCG&HS, Vol 8, #1, Spring 1985

Transcribed for Genealogy Trails by K. Torp

Copies of these documents may be obtained from the County Clerk
Montgomery County Courthouse
Conroe, Texas 77301 

BOOK F, Page 1-2 -- DANIEL W. FORD -- Will of 7 Sep 1843
All estate, personal and real, is bequeathed "to my beloved father, James Ford".
1. Tract of land where I am now living, containing 600 acres, being part of the League granted to Noah Griffith by the State of Coahuila and Texas as a colonist.
2. 350 acres lying in the County of Brassos (sic), formerly "Navasett", deeded to me by Dyron Wickson.
3. Headright Certificate for 1/3 of a League granted by Board of Land Commissioners of Montgomery County.
4. Interest in a certain bond and all papers pertaining thereto, given by Thomas Miller - 2/3 of one-third of a League; also 2/3 of 640 acre Certificate, being land granted by this Government.
5. Stock of cattle and hogs; mark and brand; 8 horses; crop of corn; farming utensils.
/M/ Daniel W. Ford
Executor: Father, James Ford
Witnesses: Jno. C. Sheffield, Leroy A. Griffith, R. D. Westcott 
Proven: 29 January 1844

BOOK F, Page 3-4 -- WILLIAM McCULLOCH -- Will of 27 Oct 1843 
All real and personal property is to remain undivided for the use of wife, Margey McCulloch and three minor children: George R.D., John L and Martha Jane McCulloch, during natural lifetime of wife. After he decease, to be divided as follows:
to son William H. - $300 "in par funds" at the expiration of three years after "my death":
to son Thomas L. - $1.00 to be paid three years after my decease; 
to son-in-law Charles F. McDade and his wife, daughter Nancy Ann Mc Dade - $1.00 to be paid three years after my decease;
to son James H. - $1.00 to be paid three years after my decease. Remainder of estate, at death of wife, to be equally divided between two sons, George R.D., John L. and daughter Martha Jane and her heir Executors: Son James H. McCulloch, and wife Margey McCulloch 
/S/ Wm. McCulloch
Witnesses, H. Reid, M. B. Lawrence, I (or J) H. Dunham
Proven: 25 March 1844

BOOK F, -- JOHN B. LONG -- Will
1. To beloved wife Rhoda Long - all personal property consisting of a horse, cattle, plantation: tools, wagon, hogs, household furniture etc., excepting what is necessary to sell for payment of debts.
2. To wife - tract of land "where I now live" containing about ?610 acres, being the balance of a League granted by the Mexican Government, that other part of same having been sold to other persons. 
3. To wife - 670 acres, being part of a Survey, my Headright, west of San Jacinto, and adjoining lands of B. B. Goodrich, John Landrum and others; the balance of this Survey has been sold to Elijah Collard, and is yet undivided between Collard and myself.
4. To wife - Donation land of 640 acres surveyed on the waters of East San Jacinto; should the location and survey of the certificate not hold good, wife is authorized to "lift the same and have it surveyed elsewhere".
Executrix: Wife, Rhoda Long
/S/ John B. Long
Witnesses: John McCreary, Thomas W. Hoy, Harvey N. Spillers 
Proven: 29 March 1844

BOOK F, 8-9 -- JAMES PANKY -- Will of 28 Jan 1844
1. Funeral expenses be paid and all "reasonable charges during sickness at Wm. Robinson", and the doctor's bill for medicine.
2. To son Stephen Panky, now 14 years of age, all estate, real and personal; one League and Labor of land, and all lawful debts "due me"
Executors William Robinson
/M/ James Pankey
Witnesses: William Robinson, Elizabeth Robinson
Also Daniel ?Kutch (or Vutch), Jacob Mathews
Proven: 25 March 1844

BOOK F, 10-12 -- JOHN PRATHER's -- Petition in Bankruptcy 3 Jul 1844
Creditors: W. W. Williams of Rapider Parish, La., jointly with Asariah Prather and James Barnes.
2. Pathier & Gordon of same place, jointly payable by Asariah Prather and petitioner originally.
3. Mrs. Mary ?Clarn; 
4. Leroy Stafford of Rapides Parish, La.; 
5. William Blair, jointly payable by Asariah Prather and petitioner; 
6. James R. Harmon; 
7. Lot & Ives of Alexandria, La.; 
8. Robert Lackey, same place; 
9. Rides; 
10. John House of Harris Co.; 
11. James Morris.
Petitioner states that most of his papers were in the care of his brother Asariah when his house burned, and were lost. He has had to rely on his memory.
Following exhibits the whole amount of his property:
Certificate for 640 acres, here surrendered to trustees, to be disposed of according to law; one bed and bedding; small supply of kitchen furniture; 15 pounds of salt; 12 hogs; one plough; one shovel plough; two weeding hoes; 4 bee stands; small amount of table furniture; few hide bottom chairs; 2 tables in good condition. Petitioner states he is a married man, with one child, and prays he may be allowed to retain the above articles.
Notice in bankruptcy dated 29 May 1844
/S/ John Prather

BOOK F, 13-14 -- JOHN PRATHER -- Bankruptcy 3 Jul 1844
Conveyance by John Prather to Trustees C. M. Conrow, Andw. Harper, and R. B. Martin of all estate, real, mixed, and personal, to be held collected, applied and distributed by them to. the satisfaction of his creditors.
/S/ John Prather, C. M. Conrow, A. Harper
Certificate #50 - 3rd Class: John Prather is entitled to 640 acres of land by virtue of Certificate #434 dated 11 July 1839, granted to him by the Board of Land Commissioners for Harrisburg County, he having proven that he resided in the Republic of Texas three years, and performed all the duties required of a citizen.
Town of Montgomery, 29 September 1841 /S/ Hugh McGuffin, Chief Justice
(Notes: He was allowed to keep the household articles and hogs; the Certificate for 640 acres was conveyed.)

BOOK F, 15-16 -- AZARIAH PRATHER'S Petition in Bankruptcy -- 3 July 1844 
Petitioner presents names and additions of his creditors: 
1. W. W. Williams of Rapider Parish, La., jointly with John Prather and James Barnes; 
2. Estate of Mrs. Mary ?Clark, late of same place; 
3. Pathron & Gordon, same place; 
4. William Bliar - note originally executed by petitioner and John Prather to James R. Norman; 
5. Robert Lackey, same place.
Petitioner states his dwelling house burned and with it, "most of the little property his misfortunes had left to him and the support of his family, together with all his papers-and vouchers". He states he has no property except as follows, which he is advised he is authorized under the 4th section of the Act of Bankruptcy, with the Judge's consent, to retain, as he is a married man with three children.
Schedule of property: 1 horse, 2 cows, 1 bed and bedding, 1 fine table, 5 or 6 pieces of metble (sic) ware, 50 lbs. bacon, 25 lbs. sa; t. 3 wooden water vessels, 1 plough, 1 shovel plough, 15 hogs, 5 bee stands.
/S/ Azariah Prather
Notice in Bankruptcy dated 29 May 1844 /S/ Azariah Prather 
Bankruptcy notice was published three weeks consecutively in the National Vindicator.
/S/ Thomas Johnson, Editor - Washington - 29 June 1844

18 Blank

BOOK F, 19-21 -- GARDINER R. COFFIN -- 1 Apr 1844
Papers of Identity on Nathan Coffin on estate of Gardiner R. Coffin 
State of New York, County of Jefferson
Reuben Goodale of Watertown in Jefferson Co. states he is well acquainted with Nathan Coffien (Coffeen) and Ruth Coffeen, his wife, and has been for 34 years, during which period the said Nathan and Ruth have resided in the town of Watertown. Goodale states he has also been well acquainted with Gardner R. Coffeen from his infancy till the time he left the County of Jefferson and went to reside in Texas, where it is understood he died. Goodale states that during the last aforesaid time, Gardner lived with and was reputed to be the son of Nathan and Ruth Coffin. 
/S/ Reuben Goodale
Certification dated 1 April 1844 of Reuben Goodale's affidavit
/S/ Thomas C. Christendom, First Judge of the Court of Common Pleas

BOOK F, Certification dated 22 April 1844 by William C. Bouck, Governor of the State of New York, that Thomas C. Crittendon was First Judge of the County Courts of the County of Jefferson, on the date the deposition was made, and that Charles B. Hoard was Clerk.
S/ Wm. C. Bouck, City of Albany, Sealed with the Great Seal of the State of New York.
Consulate of the Republic of Texas for the Port of New York
John H. Brower, Consul of the Republic of Texas, certifies that William C. Bouck was on 22 April 1844 the Governor of New York. 
/S/ J. H. Brower 24 April 1844

BOOK F, 21-23 -- BENJAMIN F. BURKE -- 23 Aug 1844 
"Benjamin F. Burke of Montgomery County and Republic of Texas, being suddenly and violently seized with a mortal malady, and being unable to write, or to have written his will, did in his last extremity direct and request in the presence of the subscribing witnesses, the following disposition to be made of his estates"
1. His brother Andrew J. Burke to take immediate possession of all estate, and pay himself the full amount which his brother owed him at his death out of any assets or property of the decedent - except his Lone Oak tract of land and the farm and buildings belonging to same.
2. His Lone Oak tract, together with any and all other effects remaining-after payment of debts, should be held in trust by his executor A. P. Burke, for the support and maintenance of his mother Mrs. Drewella Burke, and his brother John Burke, during their natural lives
I (or J) Wood, William Cude, Wm. H. Murrah
Before Yell McCaleb, acting Justice of the Peace, the witnesses make oath as to the foregoing deposition. They further depose that he died on 21 August 1844.

BOOK F, 23-26 -- HENRY CHAPPEL -- 16 Nov 1840
Petitioner Robert Smither states that Henry Chappel died about 15 August 1840, have property in Montgomery County, but leaving no will. He states he is the largest creditor, and there being no heirs, petitions that he be appointed administrator.
/S/ Robert Smither
Administrator's Bond of Robert Smither, with sureties Jonathan & Collard and Wm. McDonald. 30 August 1841
5 October 1841 - Inventory: 1 shot gun and shot pouch; 1 land Certificate for 320 acres.
Appraisers: J. C. Smith, Wm, E. Viennard
6 February 1843 - Petition for final settlement and discharge of administrator.

27-32 -- THOMAS CORNER -- 27 Dec 1841
Petitioner Wm. Atkins states decedent left no will, but possessed considerable property, real and personal. He petitions for letters of administration. Petitioner further states that he is "by virtue of marriage and by Law" entitled to a portion of the estate. 
Bond dated 31 January 1842 with securities Evan Corner and John Corner.
Inventory: Joseph Nyman's conditional Certificate of Headright for 320 acres, 2nd Class, #100, issued 28 May 1839; said Nyman sold to Thomas Corner, as appears by Title Bond dated 14 July 1840; Matthew W. Cartwright's bond to Thomas Corner for $500.00 to 240 acres, dated 6 November 1841; Thomas Corner's Certificate from Chas. B. Stewart, having served as witness in the case of Jasper & Cooper vs Lucinda Parker, for seven days and travel six miles, dated 2 December 1840;
Note of Morgan and Eggleston, dated 10 October 1840;
Note of James Corner, dated 15 February 1838;
Receipt of Joseph Walker, dated 11 August 1841, for a note on James Wilson;
James Wilson's order on Mr. Samuels in favor of Thomas Corner, dated 11 November 1840;
Various amounts owing to Thos. Corner from# James Cartwright, Thos. Chatham, Paterson McFarland, Williford Cartwright, W. W. Sheppard; Land Certificate #114 for 369 acres by virtue of his emigration to this Country, dated 2 February 1838.
Appraisers# H. G. Johnson, J. L. Bennett
7 June 1842 - Sale: No bids made on Jos. Nyman's Title Bond, nor that of M. W. Cartwright. Thomas Corner's Certificate for 369 acres of land was bid for and purchased by William Atkins.
Administrator states that since inventory was made, a title bond has been found, dated 15 November 1841, executed by Ezekiel Foster to Thomas Corner for $500.00, for titles to the lower half of 640 acres on Peach Creek, surveyed on Foster's own soldier claim, not yet recorded.

BOOK F, 33-43 -- G. R. COFFIN -- 31 Jan 1843 
Petitioner Thomas Gibbs states that Gardner R. Coffin died a short time ago leaving property in this and other counties, but leaving no will. Gibbs further states that he was in the mercantile business with decedent at the time of his death, and that he was a single man. Thomas Gibbs petitions for letters of administration.
/S/ Thomas Gibbs by Agent John McCreary
27 Feb 1843 - Administrator's Bond with Thomas Gibbs as principal, Joseph Lindley and Robert Smither as sureties.
27 Feb 1843 - Inventory: of property belonging to Gibbs and Coffin of Huntsville amounted to $1294.64. Appraisers were A. H. Mason, R. Smither, M. C. Rogers.
May 1843 - Inventory: of the individual and personal property of G.R. Coffin amounted to $147.00. Appraisers were M. C. Rogers, Thomas E. Palmer and William M. Barrett.
G. R. Coffin's Headright Certificate for 320 acres of land; 1000 acres in Harris County, Texas, located as per deed
10 June 1844 - Certification that Nathan Coffin Sr: of Watertown, Jefferson County, State of New York, United States, father of Gardner R. Coffin, has received from Thomas Gibbs, administrator, the sum of $979.29 in full payment and satisfaction for all personal estate. Amount paid out by Thomas Gibbs as administrator of the firm: $719.65: to the followings John ?Sant (?Gant), D. P. Cole, James E. Black, B. F. ?Junie, T. J. Hall, Solomon Johnson, Wm. Ford, S. J. Lauderdale, Jonathan McGary, Job S. Collard, W. H. Fowler, F. B. Hartley, Thos. H. Webb, Amos Noy, C. B. Stewart, P. Gray, L. Lindley, L. Duny, H. Randolph, F. Gosset, Ruhn & Co., G. Morgan, J. Shakelford, J. F. ?Towsy, Mrs. Lawler, R. R. Graves, Wm. Reeves, James Clark,
H, M. Crabb, John Lehr, H. Cray, Adam Turner, D. H. McCary, P. Young, N. Hanson, James Thompson, John Culp, Wm. A. Cooke, Thomas E. Palmer, Raleigh Rogers, D. McMillan, B. F. Wright, O. P. Keen, Mrs. Landerdale, John Davis, Thomas Hopley (or Horsley), W. H. Fowler, B. Robinson.
Other names mentioned: Jno. Cotta, D. Hollis, W. H. Spillers, M. P. Naton, P. H. Fuller, P. Cray, M. V. Sternes, William Robinson, Joseph Hobbs.

BOOK F, 44-46 -- JAMES WALLACE (Will) -- 3 Jul 1844
1. All just debts to be paid.
2. Wife Patsy Wallace to hold, possess and enjoy all property during her natural lifetime.
3. At the death of wife, all property pertaining to estate remaining is to be divided into thirds, as follows:
One-third to daughter, ?Betha White
One-third to "my disest sone" (sic) Caleb Wallace's six children - Martha Ann, Owen, Polley, James, Sara Jane, and Milton Wallace, heirs of deceased son, and are to have that part to which he would have been entitled, and is to be equally divided between them.
One-third to Rachel and Sary Ann Whiteside:, children of my deceased daughter Elizabeth Whiteside:, the part to which their deceased mother was entitled, to be equally divided between them.
4. Appoints son-in-law Dudley J. White as sole executor.
/M/ James Wallace
Witnesses: E. D. Johnson, Wait F. Royce, Jesse Ammons, N. W. Travis, L. M. ?Roheen (or Boheen)
Proven: 7 December 1844

Originally Abstracted by Eileen L. Behrman and published in "The Herald" Genealogy Quarterly, MCG&HS, Vol 8, #1, Spring 1985
Transcribed for Genealogy Trails by K. Torp

Page 242 – 250

Estate of Edward Bailey

29 May 1850

Edward Bailey

Administrator: W. Y. McFarland

Appraisers: Lem G. Clepper, Richard L. Willis, E. G. Collier

Inventory included ½ League of land, the Headright of John H. Cummings, in Walker Co. on Trinity River, being the lower half of said Cummings’ League. This was conveyed to him by Elizabeth and John Bethea by deed dated 18 May 1842.

2/3 League and 90 acres, the Headright of John Davis, in Walker Co. on Trinity River, adjoining the half league above named; this was conveyed by the Government to John Davis; by John Davis to John H. Cummins; by F. W. Johnson, administrator of Cummins, to Gay & Bailey; by the executors of Gay to Bailey by deed dated 21 Nov 1843.

Upon the above named two tracts of land was laid off the town of Carolina, a part of which has been sold out, but it was unknown how much. It is known that in 1842 Bailey conveyed ½ of both tracts to J. G. Minor, now of New Orleans. Bailey’s interest in these two tracts estimated at 75¢ per acre - $1500.00.

3. One League of land, Headright of Elisha Duncan on the Neches River, granted to Duncan on 30 Aug 1835; by him to Isam Parmer on 17 Feb 1838; by him to Bailey on 12 Apr 1844 - $3321.00

4. One League on west side of Big Alabama Creek granted to Andrew Stevenson 30 Sep 1835; by him conveyed to Isam Parmer 1 May 1838; by him to Bailey 12 Apr 1844 at 50¢ per acre - $2214.00

5. One League described as lying in Liberty Co., the Headright of J. Huntington, granted to him 6 Oct 1835; by him to J.G. Minor 10 Feb 1838; by him to Bailey 12 May 1842 at 50¢ per acre - $2214.00

6. One League on west bank of Big Alabama Creek in Liberty Co., granted to B. Prince 30 Sep 1835; by him conveyed to J. G. Minor 10 Dec 1839; by him to Bailey 12 May 1842. One-fourth of this league was bonded to Richard Hope in 1843 in exchange for the same amount of land in Washington Co.; 50¢ per acre - $1660.50.

7. One League in Liberty Co., Headright of Charles S. Harre, granted to him 4 Oct 1835; by him conveyed to J. G. Minro 6 June 1838; by him to Bailey 12 May 1842 at 50¢ per acre - $2214.00

8. One League of land on the west bank of the Brazos River in Austin Co. above Allen’s, about 8 miles below San Felipe, known as No. 8, the Headright of R. M. Williamson, who conveyed the whole League to John H. Money as Trustee for E. Bailey & Robert Eden Handy 30 Sep 1835, money conveyed 8 Mar 1838 at $1.00 per acre - $2214.00.

9. One-fourth League lying between the waters of Mill Creek and Cummins Creek in Austin Co., being the half of the north half of the League granted to Howard McElroy within 4 or 5 miles of where Wm. Pettus did live; appraised at $1.25 per acre - $1383.75.

10. A deed from John F. Martin to Bwiley and Gay dated 16 Mar 1838 for ½ of one-fourth of the League granted to William Fitzgibbens as his Headright, upon which land is the White Sulphur spring, then in Montgomery, Co., but now in Grimes Co. It is thought that Bailey & Gay sold this land before their deaths. Appraised at $100.00.

11. Lots #11 & #12 in town of Washington in Washington Co., as per deeds from J. W. Hall, agent, 25 Apr 1837, to John C. Hunt and to Bailey & Hunt, and Hunt’s deed to Bailey 16 Jan 1838. These lots are occupied and claimed by Harden White. $300.00.

12. One-eighth of the unsold lots in town of Washington as per deed from J. B. Miller dated 18 Sep 1837. It is believed that Bailey disposed of most of his interest in this property in his life time. $500.00.

13. Certificate, duplicate and conditional, issued to Thomas Toben for 640 acres by Board of Land Commissioners of Harrisburg Co. dated 5 Jan 1838, and on the back thereof conveyed to E. Bailey; and a survey of 136 1/10 acres part thereof on Mill Creek, a branch of the Trinity. Appraised at $25.00.

14. Deed from Asa Wheeler, administrator of Rodney Wheeler, to Edward Bailey for 460 acres Land Warrant, being the Bounty Warrant issued to George Ireland 9 Nov 1837; being the Bountry Warrant issued to Green B. Simmons 10 Nov 1837 and dated 2 Jan 1839. Appraised at $72.00.

15. Certificate conditional for 320 acres issued by Board of Land Commissioners of Washington Co. to James J. Clark as Headright dated 20 Mar 1839, assigned on back to Bailey 22 Nov 1841 (Clark returned to Kentucky). Appraised at nothing - $00.00.

16. Certificate for an augmentation from one-fourth to one-third of a League of land, about 369 acres, granted by Board of Land Commissioners of Washington, Co. to Edward McGary 5 July 1838 #540. and a survey of said Certificate by J. H. Collard on Mille Creek, a branch of the Trinity in old Montgomery Co., accompanied by a deed from McGary to Edward Bailey & Thos. Gay dated 14 Aug 1838. Appraised at $92.00.

17. Obiligation of Richard Hope to convey to Edward Bailey one-fourth League, being his Headright in Washington Co. on the Yezua Creek, adjoining Coxe’s lands dated 25 Mar 1843. $830.00.

18. Obiligation of Sterling N. Dobie to Bailey & Gay for one-third of ¾ of a League & a Labor, less 2,576,000 Square Varas, being balance of Certificate issued to Jacob Thomas by Land Commissioners of Brazoria Co. #373 on 1 Mar 1838, conditioned that they locate survey and get patent, and pay all expenses. Appraised at nothing.

19. Obligation of Elijah Collard “to save Bailey harmless from the payment of a judgement” and to convey to him 2 Labors of land on the San Jacinto in Montgomery Co. adjoining Wm. Wares, the name that is named in Thos. James bond to Collard dated 8 Nov 1839. Obligation dated 30 Mar 1843. Appraised at $88.50.

20. Certificate for 1 Labor issued to Abner Lee in Washington Co. #535 dated 5 Jan 1838, assigned on back to Thos. Gay. Appraised at nothing.

21. Obligation of Sterling N. Dobie to convey to E. Bailey and Thos. Gay 1/3/ League and Labor, the Headright of Charles J. Henderson. Appraised at nothing.

22. Obiligation of James L. Holman, agent of Houston town Company to convey to E. Bailey 2 lots in Houston, provided Bailey perform a condition which is specified in an obligation given by Bailey to Holman dated _________. Appraised at nothing.

23. Obligation of W. B. Sweeney 5 Mar 1838 to release to E. Bailey & W. D. C. Hall the Brasoira (sic) Hotel in the town of Bransoria (sic) and the property included in his purchase from M. W. Smith. Appraised at nothing.

24. Receipt of Wm. Pettus for land certificates which follow, which were to be located by him or returned, $154.92; and also for audited paper and $175.00. Said receipt given to Gay and Bailey 11 Apr 1838.

Certificate for 1 League & Labor to Johnson Hensley.

Certificate of Jesse Clefft for 2/3 League and 1 Labor.

Certificate of Samuel Andrews for 1 League and 1 Labor.

Certificate of Joseph Henson for 1 League and 1 Labor.

Certificate #395 to Jourdan Smith for 1 League and 1 Labor.

All the above certificates except last appraised at nothing; last appraised at $250.00.

25. Receipt of Samuel Jones for Eustis Prescott dated 10 Nov 1845 for deed from Government dated 1836 to Marino Carero for ¼ League, part of #19, and a covenant from Carero & Bailey to Eustis Prescott. Appraised at nothing.

Page 250 – 251

Estate of Benji Harris

30 May 1850

Administrator: Lem G. Clepper

Inventory included an undivided interest of decedent in $286.25 in a mortgage given by John M. Lewis to Micajah Farrer – Darby D. McClune DeRosey Carrolls Archibald L Christian (n. b. this written as it was in ledger), Clark T. Barton, Benjamin Hudson, Benjamin Harris, and Benjamin Runolds, dated 22 Sept 1840.

Page 251

Estate of Thomas Gay

30 May 1850

Administrator: Thos. Gay Jr.

Attorney in fact: G. D. Gay

Continued until next term.

Page 252

Estate of A. M. Folks

24 Jun 1850

Petitioner: Mary J. Folks, widow

Application for letters of administration. Granted.

Page 253 – 255

Estate of John T. Watkins

24 Jun 1850

Administrator: Wm. Watkins

Attorney: A. Hemphill

Power of Attorney from Wm. Watkins of Matagorda Co., appointing act all business connected with the estate of John Watkins. Dated 10 Apr 1850. attest of P. J. Willie to above. Bond of administrator with Alexander McCown and R. F. Oliver as sureties.

Page 255 – 256

Estate of M. Elkins (Heirs of)

24 Jun 1850

Guardian: Geo. W. L. Ridgeway

Annual report of estate of Mahalla Elkins.

Children of deceased: Darkey An Rigway 19 years, Luce L. Elkins 18 years, Mussoria A. Long 16 years, Enoch A. Long 13 years, Aquilea Long 9 years, Louisa G. Elkins 5 years.

Page 256 – 257

Estate of H. McGuffin (Heirs of)

24 Jun 1850

Guardian: H. McGuffin

Account of sales made by guardian’s agent of the lot in Nacogdoches to James Hart for $175.00.

Minors: Elizabeth Jane, Wm. B., and Hugh McGuffin

Page 257 – 258

Estate of Sam’l Grimmett

24 Jun 1850

Administrator: R. B. Martin

Account of sale of 122 acres of land in Montgomery Co., which Grimmett was entitled by Title Bond from Henry H. Wheeler; purchaser was Harvey J. Allen for $29.89.

Page 259 – 260

Estate of Sam’l. Grimmett

24 Jun 1850

Administrator: R. B. Martin

Account of sale of land certificate: ½ of Cyrus Dikeman Headright Certificate of 1280 acres in Montgomery Co. to Jesse W. Robinson for the sum of $85.00.

Page 261

Estate of Ezekiel Henry

25 Jun 1850

Administrator: R. B. Martin

Petition of W. H. Fowler for division. Court appointed commissioners to partition and divide property: Robert Smither, Harvey Randolph, Thomas King, Jno. M. Wade, Geo. W. Rogers, all citizens of Walker Co.

Pages 261 – 263

Estate of Wm. R. Williams

25 Jun 1850

Plaintiffs: Miles and Z. J. Elkins

Petition for partition of land, negroes, and personal property, common property left by Wm. R. Williams, belonging to decedent and Zorilda J., his widow. Deceased left two children: Wm. E. and Hezekiah G. Williams, minors. Court decides Zorilda J. Elkins is entitled to one equal half and the defendants, as his children, are entitled to the other half; their mother is their guardian.

Court appoints Francis F. Hooper of the town of Montgomery as guardian ad litem to represent the minors in said partition.

Hezekiah G. Johnson, Enoch Cooksey, Geo. W. Brooks appointed as commissioners to divide property.

205 acres in Montgomery Co. on little Lake Creek, part of the Headright League of Wm. Patterson.

100 acres, part of Headright of Thomas Corner.

640 acres in Milan Land Dist., Headright of decedent.

426 2/3 acres in Milam Dist., part of Headright of John Winsett.

817 acres in Walker Co., part of Headright of Dan C. H. McGary.

460 acres in Walker Co., part of Headright of James Corner.

One negro woman named Mary and her three children, named Patsey, Aggy, and Rachal.

2 head of horses and 40 head of cattle.

Page 263 – 264

Estate of B. F. Smith

25 Jun 1850

Executrix: T. B. J. Hadley & P. L. Hadley

Application of E. Hodge, a creditor, for sale of property to pay debts of estate. Court orders a sale of 1405 acres of land, part of Headright of A. Dodson, in Grimes Co. on the Bedi Creek. “555.555/1,000,000 Labors, part of Headright Labors of land, a part of the Headright of B. F. Smith, assigne of Henry Marlard” being in Milam Dist.

Court orders defendants to pay all costs of proceedings “and as to the other matters in the petition mentioned – Let them be continued without prejudice to petitioner”.

Page 264

Estate of James Tinsley

26 Jun 1850

Administratrix: Susan Tinsley

Petition for administration to be transferred to Walker Co.

Page 265

Estate of B. F. Smith

26 Jun 1850

J. DeCordova vs. T. B. J. and Piety L. Hadley, executrix of B. F. Smith.

Application of plaintiff ordered dismissed for want of jurisdiction.

Page 266

Estate of John Earley

29 Jul 1850

Petitioner: Ely Shaw

Written application for letters of administration; Shaw does not wish to accept same; application dismissed at cost of petitioner.

Page 266 – 268

Estate of A. M. Folks

29 Jul 1850

Administratrix: Mary J. Folks

Bond in amount of $3500.00 presented by administratrix.

Sureties: F. E. Houston, John M. McGilvary

Page 267 – 268

Estate of B. F. Smith

29 Jul 1850

Executrix: T. B. J. Hadley and wife

Application of J. DeCordova, Plaintiff

Court orders P. L. Hadley, executrix, and her husband, T. B. J. Hadley, to execute and deliver to Plaintiff a deed of conveyance for 2 777777/100.0.000 Labors in Milam Land District on the waters of Nuls Creek on the south side and about 9 miles from its junction with the Bosque; a p0part of the Headright of Henry Marlard, by assignee B. F. Smith, which land had been patented to said Smith #479.

Page 268 – 269

Estate of Archillous Nunley

29 Jul 1850

Administratrix: Priscilla Hall

Application to sell ¼ of a League lying in Grimes Co., part of the Headright survey a A. Nunley, deceased. Application states there is no personal property belonging to estate. Court orders administratrix to sell at “public out-cry” to the highest bidder on a credit of twelve months.

Page 269 – 270

Estate of Archelous Nunley

29 Jul 1850

Administratrix: Priscilla Hall

Petition for final settlement and discharge of estate. “Distributees” to said estate are: Elizabeth Harris, Amanda A. Nunley a minor, Martha J. Sly, Caroline McCrestian, who are each entitled to a portion of the estate.

Court orders that Clark give notice of this application and citation issue against the “distributees”, according to law.

Page 270

Estate of W. W. Shepperd, Jr.

30 Jul 1850

Executor: Wesley A. Shepperd of W. W. Shepperd Sr. and Jr. Petition of Brown and Conger and the answer of defendant. Court sustains answer of defendant and orders petition of plaintiffs be dismissed.

Page 270 – 271

Estate of Wm. Horton

Date: 30 July 1850

Administrator: Thos. J. Horton

Report (the second) of sale of cotton crop for 1849 made by the negroes belonging to estate; administrator states that he was unable for some time to get it to market “owing to the bad state of the roads and the rise of the San Jacinto River”. Upon arriving in Houston, he found “that the market price of cotton had fallen so low that he thought it advisable and most condusive to the interest of the estate to ship it to New York; he did so, but has yet received no return and account of sales”.

Administrator states no claims have been presented and no new suits have been instituted against estate; there are claims outstanding against estate for expenses incurred, which have not been presented to him; suits reported in last report are still pending undecided.

Page 272 – 274

Estate of Wm. R. Williams

Date: 30 July 1850

Petitioners: Miles & Z. J. Elkins

Report of Commissioners appointed to partition and divide the lands, negroes, etc. of estate: H. G. Johnson, Enoch Cooksey, & G. W. Brooks, - One equal share to Zorilda J. Elkins, alias Z. J. Williams, and the other half to be allotted to William E. Williams and Hezakiah G. Williams, minors.

1. The home place: 205 acres, a part of the Headright of William Patterson, in this county - $410.00.

2. 817 acres, part of the Headright of D. H. McGary, in Walker, County - $175.00.

3. One negro woman, named Mary - $450.00.

4. 20 head of cattle at $73.50.

Total - $1108.50  Sahre or Lone No. One

1. 426 ¾ acres of land, part of the Headright of John Winsett, in Milam Land Dist. - $275.00

2. 460 acres, a part of the Headright of Jas. Corner, in Walker Co.; and 640 acres, the Headright of W. R. Williams, deceased, in Milam Land Dist. - $275.00

3. 100 acres, bond on H. G. Johnson - $100.00

4. Three negro children: Patsey, Aggy, Rachat - $450.00

5. Two head of horses - $110.00

6. 20 head of cattle - $73.00

Total - $1108.50    Share or Lot #2

At a drawing for lots, Zorilda J. Elkins drew and was allotted as her share, Lot #1. Wm. E. Williams and Hezakiah G. Williams, minors were allotted Share #2.

Page 275-278

Estate of E. Henry

Date: 2 Aug 1850

Administrator: R. B. Martin

Report of partition and allotment of estate between Plaintiff Wm. H. Fowler, R. B. Martin and the estate by appointed commissioners Jno. M. Wade, R. Smither, H Randolph.

The four 30 acre lots form one square tract of 120 acres divided as follows: Tract #1, 35 acres, has been allotted to R. B. Martin - $100.00. Tract #2, 40 acres, awarded to Wm. H. Fowler - $100.00. Tract #3, 45 acres, awarded to Emekial Henry, deceased $100.00. (n.b. There following a description of these tracts and a drawing which shows the original 30 acre tract)

Page 279 – 280

Estate of Wm. W. Ford

Date: 26 Aug 1850

Administrator: Jas. B. Ford

Annual report of administrator, which shows the following names: P. J. Willis & Bro., Daniel Robinson, J. M. Kirbee, W. A. Shannon, W. L. Gillian, Nelson Owen, Jesse Johnson.

Administrator states that all the personal property has been sold; that there are 355 acres in this County, part of the Headright of decedant; a certificate and location in Limestone Co. right of decedent; a certificate and location in Limestone Co. for 3/4/League & Labor, part of the Headright of decedent.

Amount of sales of personal property is $172.75, and amount of claims presented amounts to $239.99. Administrator states he has collected $94.00 of the notes taken on account at sale; that he has paid out $44.00 to Nelson Owen on a Judgment; that he has paid to Samuel Stokes, the guardian of the heirs of decedent the amount of $50.00.

Administrator petitions to sell enough land belonging to estate sufficient to pay expenses of administration and debts of estate.

Page 281 – 282

Estate of George Galbraith

Date: 26 Aug 1850

Administrator: E. J. Arnold

Account of sale make on 6 Aug 1850 by administrator at public auction of 1574 acres of land, the remainder of the lower half of the Headright League granted to George House, situated in Jackson Co. on Mustang Creek. Robert B. Martin was the purchaser at $260.50.

Pages 282 – 283

Estate of John D. Rogers

Date: 26 Aug 1850

Administratrix: Lelia Rogers

Account of sale on 15 June 1850 in Grimes Co. of the Headright certificate of Jno. D. Rogers for 640 acres. Henry Fantharp was the highest bidder at $66.00.

Pages 283 – 285

Estate of Mary Corley

Date: 26 Aug 1850

Administrator: Alexr. McCown

Account of sale of 320 acres, part of the Headright League & Labor of James I. Foster, to be taken off of the 15 Labor and 874.694 4/10 square vara survey. Purchaser was Nathanial Grayless at 27¢ per acre.

Pages 285 – 286

Estate of John D. Rogers

Dale: 26 Aug 1850

Administratrix: Lelia Rogers

Final settlement. Court find that the assets are insufficient to pay the debts of said estate – assets amount to $442.06 and the claims against it amount to $1368.15. Therefore, Court orders administratrix to make the following pro rata payments: the sum of 26¢ in each hundred cents against estate, and it appearing to Court that the debts of said estate have all been paid and receipted by administratrix.

It is ordered by Court that Leila Rogers, as administratrix, and A. G Perry and T. H. M. Rogers as her sureties, be and are hereby exonerated and released from all further responsibilities upon the bond of administratrix, and this decree is all that is necessary for final discharge and quittance.

Page 285

Estate of W. B. D. Smith

Date: 21 Sep 1850

Petition of Richard Smith, one of the sureties of Jesse Johnson, administrator de bones non on the estate of Wiley B. D. Smith, to be released as surety. Court orders that administrator appear and answer petition on the 24 Sep 1950, and show cause why he should not be required to give new bond.

Page 285

Estate of W. B. D. Smith

Date: 24 Sep 1850

Administrator de bones non: Jesse Johnson

Application of Richard Smith, one of the sureties, asking that administrator be required to give new bond and that he be released from all liability for future acts of administrator. Court orders that Jesse Johnson be discharged from the administration of estate, and that execution issue against him, J. M. Kirbee, & R Smith, his sureties, for all costs incurred by him in said administration. This is ordered because administrator failed to appear and give new bond.

Page 288

Estate of Wm. W. Shepperd, Jr.

Date: 30 Sep 1850

Petition of A. Hemphill for letters of administration, with will attached, on estate of Wm. W. Shepperd, Jr. Court orders application be granted.

Page 288

Estate of A. M. Folks

Date: 30 Sep 1850

Administratrix: Mary J. Folks

Appraisers: George Spiller, Jno. M. McGilbary, J. B. Reding

Page 289 – 292

Estate of James Slayman (Will)

Date: 30 Sep 1850

Executor: Jonathan H. Ridgway

Application for probate of will and letters testamentary. Will is proved to the satisfaction of Court by the affidavits of Samuel M. Baird and George W. L. Ridgway, witnesses to will.

Dated 11 Apr 1850. Bequeath to son Aren T. Slaman the Headright land of 320 acres, lying in Montgomery Co. on East side of San Jacinto; 17 head of stock cattle; 2 fillies nearly 3 years old. Wills that “none of the Shee cattle or any Shee of the increase of the stock and the two fillies shall not (sic) be sold until my son Aren T. Slayman shall arrive at 21 years of age.”

In case son dies before reaching 21 years, all remaining property is to be applied to the use of free Scholles (sic) in Montgomery County.

Page 292 – 293

Estate of Thomas Betts

Date: 30 Sep 1850

Charles B. Stewart vs. Clarissa F. Betts et al, the heirs of Thomas Betts.

Plaintiff appears by his attorney and the defendant by her attorney, and the other defendants: Julia Betts, Mentor Betts, Charles D. Betts, and Mary M. Betts, came not, but made default.  Plaintiff is over-ruled and plea of defendant appears to be true, but because said plea is not sufficient in law, Court orders that same be over-ruled and disregarded. It appears to satisfaction of Court, on proof  that petitioner is a creditor of the estate of Thos. Betts, and orders defendants to execute an obligation, with two sufficient sureties, for the sum of $2719.25 (this appearing to be the amount of the inventory). “On condition  that if Clarissa F. Betts as executrix shall well and truly perform all duties required, then said obligation shall be null and void”.

Page 293 – 294

Estate of Wm. W. Shepperd (Heirs of)

Date: 1 Oct 1850

Guardian: A. H. White

Annual report, catalogue, and showing of the condition of his wards’ estate. A. H. White states he is guardian for William James and Abel H. Shepperd, and that nothing belonging to the minors has come into his possession, and he knows of no debts owing to his wards. They have an interest in the estate, which was their father’s, W. W. Shepperd Jr., but which is held by the executor, W. W. Shepperd, Sr.

Page 294 – 295

Estate of Wm. W. Ford

Date: 1 Oct 1850

Administrator: James B. Ford

Petition of administrator to sell a portion of the undisposed lands belonging to decedent, the remainder of decedent’s Headright Survey of 555 acres on Lake Creek, containing 355 acres. It appearing to the Court the necessity for such sale for payment of expences of administration and approved claims, it is ordered that the administrator sell at public auction to the highest bidder on a credit of twelve months. 200 acres had been previously reserved for the children and heirs of decedent for a homestead.

Page 296 – 297

Estate of Wm. W. Shepperd

Date: 2 Oct 1850

Administrator: A. Hemphill

Bond of A. Hemphill, with Alexander McCown and Robert F. Oliver as sureties.

Page 297

Estate of W. B. D. Smith

Former Administrator: Jesse Johnson

Court orders that a citation issue to the Sheriff, commanding him to demand and receive from Jesse Johnson all the papers, documents, money, and property in his possession belonging to estate of W. B. D. Smith, and to return same to Court.

Page 298 – 299

Estate of John T. Watkins

Date: 28 Oct 1850

Petition of E. G. Collier for letters of administration de bones non on the estate of John T. Watkins, late of this county (which application states that William Watkins, administrator of estate had died).

Page 300

Estate of Thomas Bettes

Date: 28 Oct 1850

Executrix: C. F. Betts

Bond of Clarissa F. Betts, with Wm. McDonal, John P. Anderson, Joshua S. Betts, Wm. L. McDonal, and Lem G. Clepper as sureties.

Page 301

Estate of John New (minor)

Date: 28 Oct 1850

Guardian: Mary New

Annual Report of condition of estate and account of expenditures. (n. b. Report was made and notarized in Polk County)

Page 301 – 303

Estate of Ezekiel Henry

Date: 28 Oct 1850

Administrator: R. B. Martin

Account of sales of 44 acres of land, which was set apart to the estate of the deceased by the Commissioners in partition between William H. Fowler, R. B. Martina and said estate, a part of the Headright League of Pleasant Gray in Walker co., and a part of four 30 acre lots. Court is satisfied that sale was made in conformity with law and orders that sale be confirmed. Court further orders the administrator to execute and deliver to purchaser William H. Fowler a deed of conveyance. Sale was made on 1 Oct 1850 in the amount of $77.50, payable 1 Oct. 1851.

Page 303 – 307

Estate of James Slayman

Date: 28 Oct 1850

Executor: Jonathan H. Ridgway

Inventory, appraisement, and list of claims dated 24 Oct 1850. Included were 320 acres of land in this county, the Headright of the deceased, valued at $60.00. Inventory amounted to $522.00.

Appraisers: Samuel M. Baird & Geo. W. L. Ridgway.

Names mentioned in the inventory: J. H. Ridgway, G. W. L. Ridgway, N. Grayless, S. M. Baird, John Sadler, Charles Wood, Wm. Roberts, D. Catheria, Zill McCaleb, Mrs. Thomas, Jesse McCaleb, John Maybury, F. G. Eline, James Elkins, Thomas Harrison, George McCaleb, John Burden, Henry Alaton, James Horton, Wm. Horton, Pice & Dorris, Halmark, John Park, Jabas Thomason, Thomas Peel, Wm. J. Davis, Steven, Hugh Houston, Mrs. Thomason, Dr. Spiller, Matison Davison, Frank Kelton, John Purley, Black Puraly, McGilabery, Halis, T. W. Obanion, M. Obanion, Gerald, General Besser, Daniel Hoover, Jonathan Collard, William Lindley, H. J. Smith, Wm. Johnson, James Besser, Parker, Wm. Fowler, Jacob Colard, John Obanion, Thomas J. Kellet, R. M. Sanders, G. Spiller.

Page 307 – 309

Estate of James Slayman

Date: 28 Oct 1850

Executor: Jonathan H. Ridgway

Petition of executor to hold a sale of any property which is perishable or would deteriorate.

Pages 309 – 310

Estate of Thomas Betts

Executrix: Clarissa F. Betts

Date: 29 Oct 1850

Written application and claim of Clarissa F. Betts, widow of Thomas Betts, for herself and children in relation to certain property of $1631.50, which she chooses to take in part “in lien of so much of $2000.00, in lieu of a homestead”, and asking a cash sale of so much other property of the estate as may be sufficient to make up said sum of $2000.00.  Court is satisfied that by proof the place heretofore set apart for a homestead for the widow and children, has since been sold at forced sale to satisfy the vendors lien thereon; also C. B. Stewart, by his attorney, as a creditor of estate, filed written opposition of the allowance claimed by the widow and children. The widow and children on the same day filed a “replication” in writing to said opposition of Stewart. Replication is over-ruled by the Court and after hearing the claim of the widow, Court orders that the former residence of Thomas Betts, situated in the town of Montgomery and known as the Star Tavern, be set apart to the widow and children in lieu of the homestead that was set apart at a former time. The widow gives notice of appeal to the next term of District Court to be held in Montgomery Co., which is granted provided she gives bond with approved security in the amount of $50.00.



Transcribed from the Mesquite Herald, a publication of the Montgomery County Genealogical Society, Inc.

Vol. 6 No. 3 Fall 1983 and The Herald- Vol 6 - #4 - Winter 1983 p. 159

Transcribed for Genealogy Trails By Jennifer Johnson and Debbie Gibson 

Page 311-314 Estate of  Date Oct. 29, 1850


Administratrix: Mary J. Folks

Appraisers: G. A. Spiller, J. M. McGilvary

Included in the inventory are 215 acres of land, where deceased resided, valued at $300.00; 149 ¾ acres which had been purchased from William Martin Headright - $645.00. Total inventory amounted at $1817.00.

List of accounts: J. M. Lewis, Samuel Beard, J. V. Wright, William J. Davis, Wilson Obanion, William Shepperd, B. B. Stansel, John McGilvary, Henderson Wood, John B. Chesher, M. R. T. Outlaw, John Vick, Thomas Byrd, James M. Kelet, Isaac Tabor, Jonathan H. Ridgway, Geo. McCaleb, Wm. L. Massey, James M. Thompson, Peter Irvin, J. Woodley.

List of notes due estate, John Smith, Wm. J. Davis, L. F. Spiller, Zill McCaleb, Wm. B. Pinchum, P. Pinchum, Chas. O. Edwards, Thos. Chambers, Charles W. Lewen, Charles Langum, Milton Estele; the above notes are considered good. The following are considered worthless: J. H. Jones, O. S. Kelton, F. F. McIver, George W. L. Ridgway.

P. 314-315  Date Oct. 20, 1850


Administratrix: Mary J. Folks

Petition by administratrix for a sale of perishable property belonging to estate. Granted

P. 315-322  Date Oct. 29, 1850


Executrix: C. F. Betts (Clarissa)

Account of estate: Claims made within twelve months and accepted by the following: A. Worley, Philip Shaw, John Corner, 1849 taxes, Wm. Simonton, Wm. H. Norman, Dr. J. P. Anderson, P. J. Willis & Bro., M. Cartwright of Eastern Texas, N. Hart Davis for writing will during sickness, E. R. Van Horn, J. S. Betts, J. C. Ballew.

Claims rejected: account by J. B. Stewart on partnership matters and old notes between him and decedent, and another old note with pretended lien on land. J. C. Ballew on a judgment of J. P.

Because an appeal was then pending in District Court, since dismissed for want of apellate jurisdiction. On 20 Aug. 1850 C. B. Stewart made three claims on partnership matters: (1) a note and (2) interest of $165.00 pretended lien on land; (3) sundry small notes and account. (n. b. Executrix believes that the last named three claims by C. B. Stewart are the same as those of his presented on 11 July 1850, and further believes that they were intended to be so considered) The above and foregoing claims do not embrace the partnership matters between decedent and J. S. Betts.

Further condition of the estate: The widow and children (Clarissa in her capacity as widow for herself and the minor children) had and held the property set apart for them, but the place set apart as and for the homestead has been sold at force sale by Trustee, under the lien to secure the purchase money.

“The Star House lot in Montgomery is pretendedly claimed by C. B. Stewart, under some alledged equity growing out of some deal lien on the funds paid for purchase building”; and the Store House and ground in Montgomery inventoried as the property of decedent and J. S. Betts has been offered for sale and bid for him, he admits, at $200.00.

The Brown Mule has died “without my default”.

The other property remains in the same condition as when intoried (sic) except three sows and pigs sold to Wm. L. Gilliam; 2 sows to Wm. Simonton; sale at auction, credit till 1st November next, at my residence on 31 January last; rented to John E. Shelton for this year (1850) the dwelling house in the town of Montgomery. Arranged by transfer of balance as follows: 22 July 1850 settled with Dr. J. P. Anderson his claim of $43.50 by giving up to him the note (on Shelton) for said rent $44.00 (credit $35.00) and gave up to said Anderson his due bill $5.00 to decedent, and received credit on this year's medical account.

A. Worley's account of $5.00 adjusted by crediting a suit against him in schedule – sold last year's cotton crop ( ¼ part going to J. S. Betts); said crop was raised by the labor of negroes, the separate property of the widow.

Property not inventoried that has since come to knowledge of executrix: 2 cows and calves, 2 yearlins (sic), one 4 year old beef, 8 to 10 stock hogs, 4 meat hogs – taken by widow as part of her twenty.

In addition to the Brown Mule, also died were  four or five yearlins (sic) and calves, one 3 year beef, 10 to 12 hogs (that she knows of).

Sold at private sale 6 shoats; paid on account to Col. Shannon for lime; arranged with R. R. Bradly to pay printer fee for publishing notice of appointment.

Most of the notes mentioned in the Schedule (except Charles Weaver's, Duncan's Tarver's Pinkney & Cotton's) were found on settlement to be partnership assets between decedent and J. S. Betts, and with few exceptions, are not account.

Suit was brought before Justice Martin on the following notes and Duncan's notes; Ford's, James Anders, Jesse Johnson, Worley, Taylor's, Norman, Matthews, Elkins.

“The Testator was entitled to a Headright Certificate for 640 acres of land in Texas. I am informed and believe that the Conditional Certificate was issued to him in 1840 in San Augustine County, but was never taken out of the office, nor the fee to the Board paid. I believe that for some time before his death it was understood between him and Cartwright that Cartwright was to take the Headright of Testator in half payment of said Cartwright's debt against him, but learned that the said understanding was never consummated, as Cartwright has renounced same by presenting his claim on his debt in full. I will take the necessary step to get an unconditional Certificate as I learn the law has been extended.

Trouble and expense with cattle and hogs: paid McWestern for driving up cattle three days, and Daflin one day; paid J. S. Betts for gathering cattle to be inventoried and gathering hogs for sale.

Received in merchandise: account of Mr. Hooper on litigated claim against Col. Shannon – three months rent Star House in Fall of 1849.

Executrix states that Sam Brooks is indebted to decedent for 9 months rent of same house in year 1848-49, but has no reason to hope that same will ever be collected.

Executrix asks allowance of $98.90 for disbursements: $10.00 for her trouble with the stock, $19.00 for J.S. Betts for aforesaid services with cattle and hogs, $55.00 for N. Hart Davis – aforesaid attorney's fees.

She further states that the Court costs of administration are unpaid and that she sold to Wm. Simonton a meat hog not inventoried; Simson's note off set by cow, account due him; J. C. Clark's order had been settled; appraisers of property have not yet been paid;  Thos. Betts advance and services: $536.00 – and drew out $750.00, was entitled to only $554.00, excess $196.00 – J. S. Betts takes $30.37 in notes and for balance $165.63 after affidavit presents for acceptance. Executrix accepts same to be paid according to law – decedent to have all books, notes, accounts, demands on account, and save the $30.37 aforesaid $100.00 paid by sale of partnership store house.

9 Oct. 1850 – Affidavit signed by Joshua S. Betts, that at the request of executrix of Thos. Betts deceased, he sold at public auction at courthouse in town of Montgomery on 5 August 1850, the fraction of a lot conveyed to decedent and him by R. B. Martin by deed dated 5 Sept 1849, and the store house thereon built by decedent and him. G. D. Gay bid for Joshua Betts and for $200.00 was “knocked down” to him and J. Betts took the same “off his hands” as per previous agreement, Joshua Betts states that should he ever sell said house and fraction of lot for more than $200.00, he will pay one half of the “overplus” to the legal representatives of decedent, or to his widow and children.

P. 322-323  Date Oct. 31 1850


Court orders a citation to be issued requiring John Daffan to appear at next term to show cause why a guardian should not be appointed of the estates of George and Sarah Daffan, minor children of Elizabeth Daffan; said minors are required to choose a guardian of their estate and of their persons.

P. 323  Date Nov 16 1850


(and WILLIAM FOWSAN, minor)

Administrator and Guardian: Geo. W. Fenley

Administrator petitions (through an attorney) for an order to carry on the farm with the negroes, or to rent said farm and hire out the negroes during the year  1851.

P. 324-325  Date Nov 25 1850


Administrator: Erasmus G. Collier

Sureties: Alexr. McCown, Robt. F. Oliver, E. J. Arnold, James M. Kirbee

Administrator's bond and letters of administration granted, inasmuch as decedent did not leave a will.

M. O. Dimon, P. J. Willis, and J. H. Mitchell appointed as appraisers.

P. 325-327  Date Nov 25 1850


Administrator de bonis non: E. G. Collier

Sureties: Alexander McCown, Robert F. Oliver, E. J. Arnold, James M. Kirbee

Letters of administration granted and bond made, M. O. Dimon, P. J. Willis and Jas. H. Mitchell appointed as appraisers.

P. 327  Date Nov 25 1850

ANN McIVER, deceased

(and WM. TOWSON, minor)

Administrator and Guardian: Geo. W. Fenley

Application of administrator to carry on farm with negroes belonging to estate or to rent the farm and hire out the negroes during 1851. Court decides it would be in best interest of estates that said farm and negroes should be rented and hired out, at “public outcry” at the late residence of the decedent; the negroes are to be kept in this County and no other; the administrator is to take note and security (citizens of this County) of the person renting or hiring, payable on the first day of January 1852, and an obligation with security for the safe return of the property (unavoidable accidents excepted).

(n. b. This seems to be the same as that on page 323; I have written the name of the minor as it was in the minutes – do not know which is correct).

P. 328 – 329  Date  Nov 25 1850


Executrix: P. L. Hadley & T. B. J. Hadley, her husband.

Petition for an order to sell the right title interest of said estate in and to the Headright Certificate of John Letcher for 1/3 League of land. The Court orders the sale to proceed on the regular sale day in January next, 1851, after 20 days' notice, at the courthouse door. The Headright Certificate of John Letcher was issued by the Board of Land Commissioners of Harris County (formerly Harrisburg County). Peter J. Willis is authorized to conduct sale on behalf of this executrix.

Petition of  executrix represents that among the papers of decedent there is a transfer from John Baldwin, formerly of Harris Co., now deceased, to B. F. Smith for 1/3 League of land certificate, the Headright of John Letcher, Certificate is not now, nor ever has been in the possession of petitioner.

P. 329-330  Date Nov 25 1850

JOHN & E. DAFFIN ( Heirs of )

John Daffin ( by his attorney) appears, after having been cited, to show cause why a guardian should not be appointed of the persons and estates of George & Sarah (sic) Daffin, minors; “and for Cause plead, the want of jurisdiction of the Court as to estates of said minors, and after argument for and against, which being seen and fully understood by the Court, is overruled”. George Daffin, a minor over 14 years, appears and makes known to the Court that he chooses as guardian  of his person and estate George Dean. Court adjudges that George Dean, a citizen of this County, is suitable and competent person and therefore he is appointed. George Dean is appointed guardian of Sarah Daffin, a minor under 14 years.

P.330 Nov 26 1850


Administrator E. G. Collier

Application of administrator for an order to hire out the negroes belonging to estate. Order given.

P.331-334 Nov 26 1850


Administrator de bonis non: E. G. Collier

Statement and list of claims filed with and accepted by former administrator in the amount of $638.26: also of claims accepted and allowed by administrator of $12.00: also the claims which he is informed of and believes to exist out standing against estate, about $2365.26. All is duly verified by affidavit. Also is shown that the sale of property appears from the records to amount to $1836.00, besides $73.00 incurring in cattle from Sam McGown on his not. This leaves a balance due by estate in the amount of $439.05 over and above all means of estate in the hands of the administrator.

Administrator makes application for an order to sell lands belonging to estate sufficient to pay the debts. He states that there is no personal property of estate remaining  except the negroes and asks for an order to hire them out. Court orders the sale of sufficient land to pay debts- all or part of the following: A tract of 150 acres, part of the League granted to Zachariah Landrum and conveyed to John T. Watkins by William Rankin and Sarah Rankin on 29 May 1847, situated in Montgomery County. This begins at the NW corner of the 533 acre tract devised to Sarah Rankin by her father, said Zachariah Landrum: also to west corner of tract of same size devised by Z. Landrum to John Landrum,reference being had to Records Book M page 96 of the records of Montgomery County.

Another tract of land of 481 acres, part of the Headright of Benjamin Rigby in Montgomery Co., sold to John T. Watkins by W. F. Young-reference being had to Record Book N PAGE 255.

A tract of land sold by John Landrum to Edward B. Davis and by Davis to John T. Watkins, part of the Headright League of same tract devised by Z. Landrum to John Landrum, which constituted the homestead tracts of John T. Watkins – bounded on north by lands of W. F. young (part of the Rigby League): bounded on the east by land then owned by Julian S. Devereux; on south and west Administrator is directed to sell any or so much of said tracts as may be deemed advantageous to estate. It is sold on a credit of twelve months at public education to the highest bidder. Administrator states that since he was appointed , A. Memphill, agent of William Watkins, former administrator of said estate, has turned over to him a list of claims presented to him as agent of Wm. Watkins, 29 Apr. 1850 A. Helms' account $25.00 May 10 M, Cartwright account $21.00, May 25 I. V. Womack note $159.25, June4 P. J. Willis & Bro. Account $8.04. P. J. Willis & Bro. Account $28.00, 1 July J. Mitchel account $7.00, 7 July C.  W. Lewin account & 9.00, 7 July F. Peyinghaus $10.45, 26 July John Jeffries note $333.33, 2 Aug. J. H. Price account $37.00.

Administrator states that accounts presented and accepted since he has been acting are: 21 Nov. Jess Womack's account $7.00 and 22 Nov Bookman's $5.00.

Administrator believes there is a claim held by James Stevens of Houston against estate, and accepted by Wm. Watkins, for about $750.00, also Wm. Young holds a note against estate in the amount of $250.00, M. O. Dimon has an account not present for $135.00, Frank  Sadler an account not presented for $20.00. Administrator, has been presented and accepted in the amount of $212.00.

Total - $209.26

Expense for administering estate not less than $25.00, Court of costs is supposed will not be less than $50.00, making a total of $2365.26.







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