| CHAPTER EIGHT
Alone with eight young children, Abby had to wait for legal resolution of their status since Thompson died without a will. Many legal matters had to be resolved, first among them the naming of an administrator of the estate. Abby asked Jonas Dawson. A farmer, Dawson, thirty-nine, was a frequent witness in the various suits involving the Carters, as Thompson had been. Dawson and his wife, Sarah Ann, had migrated to Texas from Missouri as had Thompson and Abby. The Dawson headright lay southeast of the Helms land, about halfway to the county seat of McKinney. The first legal action in regard to the estate was on February 11, 1853. This action set aside property for Abby and the children. The property was 200 acres of land including improvements, the "dwelling house and houses as homestead". Also included was "all the bacon on hand, 1 crib of corn supposed to contain 150 bushels, all the stock hogs belonging to said estate, five cows and calves, one horse and one yoke of work oxen, all the bedding and bed clothes, also all the kitchen furniture and $250 in property as it is appraised at its appraised value or in money." 1 Jonas Dawson asked the County Court to grant him letters of administration, and these were granted on February 28, 1853. 2 William H. Herron, Thompsons fellow chainman on the survey of the Skaggs land, and Thomas Bruce, a forty-one year old farmer born in Tennessee, were Dawsons sureties in the sum of $1,700 for the bond. The estate was responsible for the various legal fees, in this case for $6.10. This covered various legal items, such as "filing Petition for letters" (ten cents), "giving notes of the same" (fifty cents), "Bond and oath as Adm." ($1.00), "docking order appointing appraziors (sic) (fifty cents) and "Filing" (ten cents). It was not long before claims against the estate started coming in. While the circumstances were sad, the claims offer insight to the daily activities of these people. The impact of the loss of Thompson on the young family is shown by some of the things Jonas Dawson did for them, before and after he was the appointed administrator. On March 15 and 16 he hunted cattle for two days. These were the days of open range, as economical fencing had not yet been devised. Consequently cattle roamed at will. On the three days of March 17-19 Dawson went to the Red River, hunted stock and took care of estate duties, such as appraising property and attending court. All these activities cost the estate eleven dollars. 3 On March 5 Jonas Dawson paid the taxes on the Helms estate. The taxes were $2.30 and were listed under Dawsons name on the Collin County tax list. Also in March, on the 28th, two inventories of the real and personal property of the estate were filed in court. The first inventory was "presented by Jonas Dawson, Adm. of Said Estate to the appraisers of Said Estate." 4 This inventory was a listing of property and has some unique spellings, such as cittle (kettle), mar (mare), pale (pail) and chirs (chairs). Another inventory done by three appraisers differed from Dawsons inventory in that there was a price listed for each item. 5 This inventory was written in a nice flowing script and spelling was accurate. The total value of the Thompson Helms estate was $2,712.15. The appraisers inventory found in the probate box follows: A list of property appraised by R. M. Mugg, James Savage and Abner Stapp, appraisers of the estate of Thompson Helms, decd on the ...day of March A.D. 1853.
Description of Property Amt. Three sows and fourteen shoats 37.50 One red roan cow and calf 15.00 One pided cow and calf 12.00 One white cow and calf 14.00 One speckled cow and calf 10.00 One young white cow and calf 12.00 One red roan bell cow 12.00 One black cow 10.00 One black cow with a white face and calf 15.00 One bridle cow 11.00 One white speckled cow 9.00 One two year old heifer 8.00 One two year old heifer 6.00 One yearling steer, red roan 5.00 One black yearling heifer 5.00 One white yearling steer 4.50 One black sided yearling heifer 4.50 One black yearling heifer 3.00 One white yearling heifer with a red head 3.50 One brown yearling bull 3.00 One black and white pided cow and calf 14.00 One wagon and gearing 50.00 One old bay mare called Lode 25.00 One brown two year old filly 100.00 Old Lodes yearling colt 40.00 Bets yearling colt 45.00 The sorrell mares sorrel yearling colt 25.00 The brown mare 60.00 One three year old bay filly 80.00 One brown yearling horse colt 20.00 One sorrell mare 50.00 One wheat fan 25.00 Two cribs of corn 125.00 Bacon 50.00 One lot of chains .70 One auger and one drawer knife 1.62-1/2 One pair of hams .75 Four pair of old horse shoes .50 One brass kettle .75 One pair of stirrups .25 Two tin pans .25 Pot vessels 1.00 One bell .50 One spinning wheel .50 One loom 5.00 One cary plow 2.50 Four bee gums 6.00 One lot of wheat 7.50 One side saddle 2.00 One bed and bed clothes 5.00 One trunk 1.00 One tub, pail, bucket and keeler 1.00 One little lot of ovens .25 One lot of bottles .60 Cupboard ware and knives and fork 1.00 One rife gun 5.00 One rife gun 8.00 One rife gun 15.00 One sorrell bald faced horse 50.00 One bay mare 50.00 One bay mare colt two years old 65.00 One roan mare 90.00 One white mare filly two years old 70.00 One shove plow 1.00 One sythe (scythe) and cradle 2.00 One clevice (clevis) .25 Four chairs 1.00 $1,314.92-1/2
NOTES AND ACCOUNTS One note of Richard M. Mugg $ 2.50 One note on B. Franklin Staff and A. G. Stapp 37.00 Account against R. M. Mugg 0.50 Accounts against Benjamin Blackwell 44.67-1/2 Cash 12.85 Account against James R. Savage 0.50 Account against Thomas Stalcup 30.00 One note on Preston Witt 30.00 $1,476.95
LAND 640 acres of land $1,280.00 $2,756.956 Thompsons livestock consisted primarily of cattle, twenty-seven in all. The three sows and fourteen shoats were kept mostly for the familys use in the fall for hog killing. The fourteen horses give credence to the Helms family stories that Thompson was a horse trader. Other items of interest in the inventory are the wheat fan, a basket-like item used to separate the chaff from the wheat, the spinning wheel and the loom. The last two items indicate that, at least in the early days of settlement, Abby made her own cloth. The four bee gums provided the honey for the family. Bee gums were the bee hives of that time. These were made of sections of "twenty-four to thirty inch long sections of hollow black gum trees...some peculiarity special to the black gum almost invariably caused it to be hollow and thus perfect for hives (and, incidentally for dripping lye for lye soap)." 7 Since black gums do not grow in Collin County, the bee gums were probably hives made of wooden planks, although people, out of old habit, called them bee gums. Note that there was only one bed listed. Jim Helms remembered bear skins for his bed, so perhaps all the children slept on bear skin pallets. The notes listed at the end of the inventory indicate money owed to Thompson, including money owned by the three appraisers. One final thing of interest is the increase in the value of Thompsons land, which by the time of the inventory was two dollars an acre, a big increase from the fifty cents an acre listed as the lands value in the tax list of 1852. After the filing of the inventory, Dawsons next step was to call in all the debts owned to Thompson. 8 This he did on April 12, 1853, asking that they make immediate payment. Meanwhile claims were still coming in against the estate. Doctors Key and Foote filed their claims on April 14. On April 21 John H. Miller of Grayson County filed a claim for twenty-two dollars for breeding horses for Thompson in the year 1852. It was because of the claims against the estate that a sale of estate property was held on April 21. Jonas Dawson paid J. P. Stuart five dollars for the one day crying sale. The main items sold were cattle, horses, rifles and corn. The sale brought in $869.65. 9 On April 25 Dawson listed $12.30 more sold. The items appear to have generally sold for more than the price listed for them in the appraisers inventory. For example, a black cow with an inventory price of $10.00 sold for $13.75.
Sale Bill of the Property of Thompson Helms, Deceased. Sold on the 22d day of April A.D. 1853 by Jonas Dawson, Administrator 10
Names Articles Prices William L. Wilson lot of chains $ 0.35 Joshua Carey lot of corn 6.50 John Emerson lot of corn 2.75 John Emerson lot of corn 6.50 Jesse Dawson lot of corn 6.50 Jesse Dawson lot of corn 6.75 William Pelham lot of corn 6.50 Joshua Carey lot of corn 6.50 Thomas Kendall lot of corn 11.25 Leonidas Wilson rifle gun 3.00 William Z. Davidson rifle gun 20.00 Thomas Kendall rifle gun 5.00 Thomas B. Martin speckled cow 13.00 Thomas Stalcup roan cow 13.00 Thomas B. Martin young red cow 16.00 T. Bailey large red cow 19.25 Richard M. Mugg dunn heifer 11.00 R. E. Butredge spanish cow 13.50 Thomas Stalcup black cow 13.75 Thomas Stalcup roan heifer 8.25 D. B. Koen black heifer 7.10 D. B. Koen roan bull 6.00 Thomas Stalcup brown bull 6.00 Thomas F. Baren large bull 12.25 Thomas Stalcup little black heifer 6.00 Leonidas Wilson roan steer 5.00 D. B. Koen black side steer 7.10 D. B. Koen red head steer 6.10 Leonidas Wilson white steer 8.25 William Herron Lode bay mare 30.25 Richard Mugg bay filly 48.50 John Emerson roan mare and colt 105.25 Thomas Kendall gray filly 83.00 Thomas Kendall brown filly 92.00 James Savage brown yearling colt 20.00 John Emerson three year old mare and colt 100.00 Richard M. Mugg bay yearling filly 40.00 Cary Watson little yearling colt 26.25 William Herron bay stud colt 71.50
Abby was allowed to take part of the property for herself. She chose the following items: "A list of the property that the Widow takes out of the two hundred and fifty dollar that the law allows her.
List of Property Price Wagon and gearing $ 50.00 Wheat fan 25.00 Clive auger and drawer knife 1.62 1/2 Stirrups .25 One bell .30 One cary plow 2.50 Four bee gums 6.00 One side saddle 2.00 One sorrel horse 50.00 One bay mare 50.50 One shovel plow 1.00 Scythe and cradle 2.00 One clevice 0.25 One sorrel mare 50.00 Cash 12.85 Total $250.27 1/2." 11
Another claim filed in April against the estate asked payment for work in picturesque spelling and language. 12
The claimant for the total of $25.88 claim was Thomas Hicks. He was probably the young man involved in the writ of certiorari case (1851-1852) between Abraham Carter and Robert Skaggs, "next of friend". An interesting item in this above claim was "a berring shirt". This was presumably a burying shirt, as sometimes others provided clothes for the dead persons burial. Some people had their burial clothes made ahead of time and put back until their death. Since Thompsons death was unexpected, he may not have had a shirt considered suitable for his burial. So one was provided by Thomas Hicks. One interesting item was filed on April 30. The estate paid J. O. Straughan, the Collin County District Clerk, $9.12. Evidently Straughan had paid the money to Thompson in error for his being a witness in the case of Skaggs v. Abraham Carter. 14 Which case referred to is unclear. On May 30 Jonas Dawson wrote a note to John L. Lovejoy, Jr. asking that Thomas Kendall be given a list of the sale bill. 15 This is the first mention of Thomas Kendall as an interested party in the Helms estate, although he was one of the people purchasing property during the one day sale. Thomas Kendall was Abbys first cousin. Kendalls father, Samuel, was a brother to Abbys father, James. He was not listed on the 1850 census of Collin County, so he must have been a recent arrival. It is not known whether he came to Texas in response to Thompsons death at Abbys request, or if he was already there. It is probably that Abby wrote informing her relatives in Indiana about her husbands death. Four months (January to April) might have been adequate time for a letter to get to Indiana and for Thomas Kendall to come to Collin County. In any event, he obviously had some interest in the progress of the estate settlement or he would not have asked Dawson to get a copy of the sale bill for him. Most of the legal necessities were now taken care of, at least until the minor heirs of Thompson were old enough to receive their shares of the estate. After May Dawsons duties mainly consisted of annual reports to the court and approval of purchases made by Abby. On June 16, 1853, Abby bought domestic cloth, a cotton fabric, from Isaac D. Newsome, a merchant who had come to McKinney in 1852 and had opened a general merchandise store there. On the same day Jonas Dawson paid W. B. Beuge (?) and Bro. four dollars "for clothing for the heirs". Also in June Abby went to the Larkin Adamson store in Weston, which was closer to home. Among the purchases she made there was six pounds of coffee, five pounds of sugar, a fine tooth comb, a pair of white gloves, six yards of black cambric and six yards of white cambric. 16 Cambric is used for dress goods and is also known as handkerchief linen. Arrival of stores like Larkin Adamsons meant that spinning wheels and looms would be replaced by mill produced cloth, considerably reducing the time and labor required to make clothing for the family. Stores also offered other items for wear as seen by Dawson paying $2.50 for "one pair of shoes for the widow" during July 1853. During the same month he paid $2.00 for a pickle barrel for Abby. 17 On October 2, 1853 Abbys cousin, Thomas Kendall, married Rebecca Eliza Herron. 18 Rebecca, twenty-one, was the younger sister of William H. Herron. Herron had been Thompsons fellow chainman in the 1850 survey of Skaggs property and a fellow witness in some of the Carter-Skaggs lawsuits. In November Abby went to the store at Skidmore and Wilkerson in McKinney where she brought a variety of cloth including cotton for twenty-five cents, domestic for seventy-five and one half cents at ten cents an ounce and calico, a cheap cotton print on which small designs were printed. The calico sold for ten cents at twelve and one half cents an ounce. She also purchased two papers of needles, two combs (one fine, one coarse), four hair caps, and one pair of childrens shoes (one dollar). Non-clothing items included twelve pounds of brown sugar at twelve and one half cents a pound, fifteen pounds of "rio" coffee at sixteen and two thirds cents a pound, two bushels of salt at two dollars each and one pocket knife for forty cents. Also purchased in November, with an eye on the coming winter, were one blue blanket for $5.50, one pair of small shoes, size four, and sleratus (baking soda). These items were bought from Newsomes store. From E. M. Stokepole Abby bought several yards of cloth, including flannel. 19 Blankets were replacing bear skins, machine made cloth was replacing homespun. The early raw days of pioneering were mostly over, and the settlers were being to enjoy some relief some their isolation and hard labor. Late December 1853 brought to an end Abby Helms first year as a widow. Jonas Dawson continued to collect debts owned to the estate and to pay estate debts. He paid state and county taxes for 1854 in the amount of $3.37, an increase from the previous tax paid in March 1853 of $2.76. On May 23, 1854, Dawson filed his annual report with the county clerk summarizing the business of the estate in the past year. First, the estate appraised at $2,756.95. Second, the property sold on April 22, 1853, amounted to $869.69, "which amount was secured by cash payment down or by Note and good Security." Third, Dawson collected accounts and notes due the Estate for $104.25. Fourth, Dawson paid the debts of the estate, a total of $412.61, including the $250.00 that Abby received. The amount owned John C. Easton, a lawyer, was left blank. Last, other property was sold for $12.30.20 On May 27, 1854, about ten years after Thompson and Abby had come to Collin County, the land certificate for their 640 acres along Honey Creek was finally issued. From settlers claim as a Peters Colonist, to colonial certificate, to patented land, the section of land was finally Thompsons. 21 In July 1854 Dawson was ordered by the court to "let out to the lowest bidder the building of a residence for the late widow (Abby) and heirs of the deceased. Said house to be an ordinary and comfortable country residence on the farm of the deceased." 22 What had happened to the Helms previous residence is unknown. Considering that it had been built eleven years before in late 1844, it is possible that it simply had become too old and rundown. Or it could have burned down as this was a common occurrence with log buildings with fireplaces and no fire departments. One spark or a faulty fireplace could set off a fire. It is interesting that the year before, young William Hicks had built a fireplace for the widow. Perhaps it was poorly constructed. In any event, fires were a constant source of worry for these people. Then in October 1854, it was "ordered and decreed by the court that an order made by this court at the July Term A. D. 1854 for letting out a building for a residence for the late widow of Thompson Helms, deceased, be and the same hereby revoked and set aside." 23 The reason for the court order is that Abby Kendall Helms had married Reuben Allen on September 16, 1854, in Collin County. 24 Reuben Allen was a Peters colonist who migrated around 1844 as a married man with nine children. He had been born in Tennessee, was illiterate and had migrated to Texas from Tennessee. 25 He had settled in northern Grayson County, near the Red River. 26 Grayson County is the county just north of Collin County. In the 1850 Grayson County census, Allen was listed as being forty-eight years old with his forty-three years old wife and seven children, ranging in age from twenty-one to five years old. The value of his real estate was listed as $640, which is another indication of a Peters colonist as this would be the 640 acres Allen was entitled to as a colonist, if the land was valued at a dollar an acre. |