|
From Minutes G page 469
Friday August 4 AD 1871. The Estate of Jeremiah Cloud dec'd. In the matter of the application for partition of said estate heretofore filed it appearing to the court that the citation requiring all persons interested in said estate to appear and show cause why partition and distribution should not be made, has been served and published as required by law and that personal service has been made or accepted or received by the heirs residing in the state. The court now at this July Term AD 1871 proceeded to ascertain who are the persons by law entitled to partition and distribution and their respective shares. And it appearing to the court that the following named persons as entitled are minors and have no legal guardian in this state. To wit: Mellisa Cloud, Jerry Cloud, W L Cloud, Margaret Cloud, Thomas Cloud, D Cloud, Mary Cloud, James Cloud, Robert Cloud and Wm Cloud. The court appointed W T Glenn special guardian to represent them in the partition requiring him to give bond in the sum of $500.00 and it appearing that the following named persons so entitled are not residents of this state, to wit, ?Franklin Cobb son of Mary Cobb a daughter of dec'd and Elzina Cloud and Elizabeth Cloud children of William Cloud a son of dec'd and no person appearing who is authorized to represent them the court appointed W T Glenn an attorney ro represent them in the partition and to give bond in the sum of $500.00. It is therefore considered by the court ordered, adjudged and decreed that the following named persons are entitled to a proportional part or share of said estate as follows, less the amount of advancement to each if any:
H G W Cloud of Austin County Texas 1/9
James M Cloud of Austin County Texas 1/9
A J Cloud dec'd (F M Cloud assignee) of Austin County Texas 1/9
F M Cloud of Austin County Texas 1/9
The children of J C Cloud dec'd, a son of the intestate residents of
Milam County Texas. To wit: J C Cloud, Jerry Cloud, Mary Rogers wife of J D Rogers, Margaret Carter wife of C Carter, Frances Rutherford wife of J H Rutherford. 1/9
The children of William Cloud dec'd a son of the intestate to wit: The children of William J Cloud viz; Rebecca Cloud, W L Cloud, Margaret Cloud, Thomas Cloud, D Cloud, and Mary Cloud of Milam County Texas and Thomas Cloud, Elzira Cloud and Elizabeth Cloud residing in Alabama. 1/9
Franklin Cobb, son of Mary Cobb dec's a daughter of the dec'd a resident of Barbour County Alabama 1/9
The children of Elizabeth Conolly dec'd a daughter of dec'd to wit: Mary Washam, Lousa Henderson, Isaac Conolly and J W Conolly (all of Austin County Texas) 1/9
The children of E L Gates to wit: Elizabeth Manning and Mary Gates, residents of Austin County Texas 1/9
And the following is a description of all the estate to be distributed to wit:
287 acres of land out of the J Stevenson League on Caney Creek in Austin County. 50 1/4 acres out of the J Stevenson League on Caney Creek in Washington County. Undivided « of 640 acres headright of dec'd in Bosque County. (72) Undivided « of 640 acres A J Cloud headright in Bosque County. Undivided « of 320 acres J M Cloud headright in Jones County.
And notes and claims due said estate uncollected as follows:
1 Note on T S McDade J P Terrell and T D Henderson.
Date 20 Nov 1861 due at 9 months .................... 84.00
2 Note on H G W Cloud T S McDade and Jerry Cloud due 1st January
1866 ................................................ 50.00
3 Note on J M Cloud P C Hickman and T D Henderson due January 1st 1866 ................................................. 82.50
4 Notes on Alex Cloud and J M Cloud due Jany 1st 1863 .............. 50.00
5 Note on Alex Cloud and J M Cloud due Jany 1st 1864 ............... 25.00
6 Note on H G W Cloud E Waller Jr and J W McDade due Jany 24
1863 .............................................. 182.00
7 Note on J M Cloud P C Hickman and T D Henderson due Jany 24
1865 ............................................... 240.00
8 Note on Mary T Cavender and Isaac Conolly due Jany 24th
1863 ............................................... 170.50
9 Note on J C Cloud and Alex Cloud Nov 2oth 1861 due at 9 months.. 128.00
10 Note on J C Cloud and Thos Cochran April 24th 1862 due at
9 months ........................................... 150.00
11 Note on Wm J Cloud and F M Cloud April 24th 1862 due at 9
months ............................................. 143.00
12 Note on J W McDade Wyatt Ivey and J M Cloud due January 1st
1864 ............................................... 300.00
13 Note on S Dunlap and R H Felder April 24th 1862 due at 9 months.. 265.00
14 Note on D E Bartley Ahrenbeck and Bro and B B Lee. Judgement
in County Court vs Lee's administrator. Decr 23rd 1868 ......... 343.25
15 Note on H G W Cloud and J T Browning Due 1st January 1865........ 65.00
Amount without interest ................................ $2178.25
And the commissioners of partition hereinafter named are hereby authorized and required to take sworn testimony as to any advancements to that may have been made to any of said heirs by said intestate Jeremiah Cloud in his lifetime and to ascertain and to report to the court the amount of such advancements if any and it appearing to the court that some of the above notes are debts due to the estate by heirs and distributees herein, it is therefore considered by the court, adjudged and decreed that said commissioners of partition are hereby authorized and required to assign the amount due to said estate be each of said distributees, principal and interest to the satisfaction of his other proportional share respectively in said estate so far as the same may go to make up such share and to deliver up to said distributees respectively their several notes as evidence of this indebtedness aforesaid and the balance of the aforesaid notes or debts due to the estate by other persons than the heirs and distributees shall be divided pro rata among all the heirs and distributees according to their respective proportional shares in said estate. It is further ordered by the court that James Landes, W A Nichols, B F Foster, J W Tottenham and James Murray, discreet persons, be and they are hereby appointed commissioners to make partition and distribution of said estate (73) and that a writ of partition issue commanding them to proceed forthwith to make such partition and distribution in accordance with law and this decree a copy of which shall accompany this writ and make due return thereof to this court and it appearing to the court that there are no funds of said estate in hands of the administrator but that there is a balance due administrators by said estate on final settlement, the sum of $337.51 and that since the settlement of their said final account said administrators have paid out for taxes on said estate $11.07 as per tax receipts now filed and are still owing the taxes for the present year amounting to $321.81 and that they are accountable to said estate for use or rent of the land in Austin County for 1870 and 1871 and since their said final settlement the sum of $300.00 it is therefore considered by the court, ordered, adjudged and decreed that said commissioners of partition reserve and set apart from partition and in the hands of said administrators --?-- of said estate of value as appraised by them, sufficient to pay the balance $181.49 yet due said administrators as aforesaid and to pay the present years taxes and the costs and expenses accrued and to accrue in and about this partition and that said commissioners report their action herein at the next term of this court.
Thos Chapman
Clerk, D C A C
State of Texas
County of Austin
In probate matters in District Court. July Term AD 1871. And now comes Margaret Carter and C Carter her husband in the estate of Jeremiah Cloud dec'd and consent to the partition as prayed for by the administrator and heirs and say that have no objection to said partition being made.
Bell and Glenn
For Margaret Carter and Husband
filed Aug 65h 1871
Recorded October 8 1872
Thos Chapman clerk DCAC
State of Texas
Austin County
In the District Court July term AD 1871. To the Hon L Lindsey Judge of the 21st Judicial District. --?-- comes the atty W J Glenn for the absent heirs and special guardian for the minors and consent and agree that the partition for distribution as prayed for in the petition for distribution may be granted and that his heirs fully agree and are satisfied with said partition
W J Glenn
Atty for Absentees
Filed Aug 15th 1871
Recorded October 8 1872
Thos Chapman
Clerk DCAC
(74)
State of Texas
Austin County
Know all men by these present that one W J Glenn a principal and as sureties acknowledge ourselves bound jointly and severally to pay to the clerk of the District court of Austin County Texas the sum of Five Hundred dollars conditional that whereas the said W J Glenn was at the July term of the District Court of said County AD 1871, appointed by the Judge of said Court, attorney for the absentees distributees in the partition of the estate of Jeremiah Cloud Dec'd the names of said absentees being so follows: Franklin Cobb, Thomas Cloud, Elizabeth Cloud, Elzina Cloud all of the State of Alabama
Now, if the said W J Glenn shall faithfully discharge his duties in allowing for said absentees in said partition and pay over any money or deliver over any property which may come to his profession for said absentees according to the order of the court in that behalf then this bond shall be void. Otherwise to remain in full force.
Witness our hands and scrolls for seals the 16th day of August AD 1871.
W J Glenn
F M Cloud
Alexander Glenn
Approved and filed
August 18th AD 1871
Recorded October 8, 1872
Thos Chapman
Clerk DCAC
State of Texas
Austin County
Know all men by these presents that we W J Glenn as principal and J W Tottenham and Thomas S McDade as securities acknowledge ourselves bound jointly and severally to pay to the clerk of the District Court of Austin County Texas the sum of five hundred dollars conditional that whereas the said W J Glenn was by the Judge of said Court special guardian of the minor distributees in the partition of the estate of Jeremiah Cloud dec'd. The names of said minors being as follows:
Melissa Cloud and Jerry Cloud, children of J C Cloud dec'd, William F Cloud, Margaret Cloud, Thomas Cloud, D Cloud, Mary Cloud, James Cloud, Robert Cloud and William Cloud, children of William J Cloud and all said minors being residents of Milam County Texas.
Now if he the said W J Glenn shall faithfully discharge his duties as special guardian for said minors in said partition and pay over any money or deliver over any property which may accrue to his possession for said minors according to the order of the court in that behalf, then this bond shall be void, otherwise to remain in full force.
Witness our hands and scrolls for seal the 12th day of August AD 1871.
W J Glenn
J W Tottenham
Thos S McDade
recorded and filed
August 18th 1871
Recorded Oct 8 1872
(75)
The State of Texas
To citizens James Lander, W A Nichol, B F Foster, J W Tottenham and James Murray of Austin County.
Greeting. Whereas at the last July term of the District of Austin County setting in matters of probate you were by an order of said court appointed commissioners to make partition and distribution of the property belonging to the estate of Jeremiah Cloud deceased, mentioned in said decree among the heirs and legal representatives of said Jeremiah Cloud, deceased, entitled thereto.
You are therefore hereby commanded that having regard to quality and quantity and the true value thereof you make partition and distribution as aforesaid and due return of this commission make within Days and how you have executed the same verified by affidavit before same office authorized by law to administer oaths, conforming in all respects to the decree aforesaid, a copy of which is herewith sent and to the law in such case made and provided.
Given under my hand and the impress of my
Official seal at office in Bellville this the
14th day of September AD 1871.
Thomas Chapman
Clerk DCAC
By S R Blake deputy
The estate of Jeremiah Cloud dec'd. In the matter of the application for partition of said estate heretofore filed it appearing to the court that the citation requiring all persons interested in said estate to appear and show cause why partition and distribution should not be made, has been served and published as required by law and that personal service has been made & accepted or waived by the heirs residing in this state, the court at this July term AD 1871 proceeded to ascertain who are the persons by law entitled to partition and distribution and their respective share and it appearing to the court that the following named persons so entitled are minors and have no legal guardian in this state to wit: Melissa Cloud, Jerry Cloud, W L Cloud, Margaret Cloud, Thomas Cloud, D Cloud, Mary Cloud, James Cloud, Robert Cloud and Wm Cloud. The court appointed W J Glenn special guardian to represent them in the partition requiring heirs to give -------------?----------- named persons so entitled are not residents of this State to wit: Franklin Cobb son of Mary Cobb a daughter of deceased and Elzina Cloud and Elizabeth Cloud children of William Cloud a son of dec'd and no person appearing who is authorized to represent them the court appointed W J Glenn, an attorney, to represent them in the partition and to give bond in the sum of $500.00. It is therefore considered by the court, ordered, adjudged and decreed that the following named persons are entitled to a proportional part or share of said estate as follows, less the amount of advancement to each if any.
H G W Cloud of Austin County Texas 1/9
James M Cloud of Austin County Texas 1/9
A J Cloud dec'd, F M Cloud assignee, Austin County Texas 1/9
(76)
F M Cloud of Austin County Texas 1/9
The children of J C Cloud dec'd s son of intestate residents of Milam County Texas to wit: J C Cloud, Jerry Cloud, Mary Rogers, wife of J D Rogers, Margaret Carter, wife of C Carter, Frances Rutherford, wife of J H Rutherford 1/9
The children of William Cloud dec'd a son of the intestate to wit: the children of William J Cloud viz: Rebecca Cloud, W L Cloud, Margaret Cloud, Thomas Cloud, D Cloud and Mary Cloud of Milam County Texas and Thomas Cloud, Elzina Cloud and Elizabeth Cloud residing in Alabama. 1/9
Franklin Cobb son of Mary Cobb dec'd, a daughter of dec'd a resident of Barbour County Alabama 1/9
The children of Elizabeth Conolly dec'd a daughter of decd to wit: Mary Washam, Louisa Henderson, Isaac Conolly and J H Connoly (all residents of Austin County Texas 1/9
The children of E L Gates to wit: Elizabeth Manning and Mary Gates, residents of Austin County Texas 1/9
And the following is a description of all the estate to be distributed to wit: 287 acres of land out of the J Stevenson League on Caney Creek in Austin County. 50 1/4 acres out of the J Stevenson League on Caney Creek in Washington County. Undivided of 640 acres A J Clouds headright in Bosque County. Undivided of 320 acres J M Clouds headright in Jones Co.
And notes and claims due said estate uncollected as follows:
1 Note on F S McDade, J P Terrel and T D Henderson date 30th Nov 1861 due at 9 month .............................. 84.00
2 Note on H G W Cloud T S McDade and Jerry Cloud due 1st
January 1866 ................................... 50.00
3 Note on J M Cloud, P C Hickman and T D Henderson due
January 1866.................................................. 82.50
4 Note on Alex Cloud and J M Cloud due 1st January 1863 ............ 50.00
5 Note on Alex Cloud and J M Cloud due 1st January 1864 ............ 25.00
6 Note on H G W Cloud, E Waller Jr, J W McDade due January
24th 1863 ...................................... 182.00
7 Note on J M Cloud, P C Hickman and T D Henderson due
January 14 1865 ............................................ 240.00
8 Note on Mary J Cleveland and Isaac Conoly due January 24 1863. 170.50
9 Note on J C Cloud and Alex Cloud Novr 20th 1861 due at 9
Months......................................... 128.00
10 Note on J C Cloud and Thomas Cochran April 24th 1862 due at
9 months....................................... 150.00
11 Note on Wm J Cloud and F M Cloud April 24th 1863 due at
9 months....................................... 143.00
12 Note on J W McDade, Wyatt Ivey and J M Cloud due 1st January
1864........................................... 200.00
13 Note on S Dunlap and R H Felder April 24th 1862 due at
9 months....................................... 265.00
14 Note on D E Bartley, Ahrenbeck and Bro and B B Lee. Judgement
In County court. Vs Lees Administrators. Decr 23rd 1868... 343.25
15 Note on H G W Cloud and J T Browning due 1st January 1860...... 65.00
Amount without interest.............. $2178.25
(77)
And the commissioners of partition hereafter named are hereby authorized and assigned to take sworn testimony as to any advancement that may have been made to any of said heirs by said intestate Jeremiah Cloud in his lifetime and to ascertain and report to the court the amount of such advancements, if any and it appearing to the court that some of the above notes are debts due to the estate of heirs and distributees herein, it is therefore considered by the court, ordered, adjudged and decreed that said commissioners of probate are hereby authorized and required to assign the amounts due to said estate by each of said distributees, principal and interest to the satisfaction of his or her proportional share respectively in said estates so far as the same may go to make up such share and to deliver up to said distributee respectively their several notes or evidences of indebtedness of ones amt and the balance of the aforesaid notes or debts due to the estate by --?-- the heirs and distributees shall be divided pro rata among all the heirs and distributees according to their respective proportional shares in said estate. It is further ordered by the court that James Lander, W A Nichols, B F Foster, J W Tottenham and James Murray, discreet persons be and they are hereby appointed commissioners to make partition of said estate and that a writ of partition issue commanding them to proceed forthwith to make such partition and distribution in accordance with law and this decree, a copy of which shall accompany this writ and make due return thereof to this court and ti appearing to the court that there are no funds of said estate in the hands of the administrator but that there is a balance due said administrator by said estate on final settlement the sum of $337.51 and that since the settlement of their said final account, said administrator have paid out for taxes on said estate $11.17 as for tax receipts now filed and are still owing the taxes for the present year amounting to $32.81 and that they are accountable to said estate for use or rent of the land in Austin County for 1870 and 1871 and since the said final settlement the sum of $200.00, it is therefore considered by the court, ordered, adjudged and decreed that said commissioners of partition reserve and set apart from partition and in the hands of said administrator property of said estate of value, as appraised by them, sufficient to pay the balance $181.49 yet due said administrator as aforesaid and to pay the present years taxes and the costs and expenses accrued and to accrue in and about this partition and that said commissioners report this action herein at the next term of this court.
The State of Texas
County of Austin
I, Thomas Chapman, clerk of the District Court of within and for said state and county do hereby certify that the above and foregoing is a true and correct copy of the decree of partition in the estate of Jeremiah Cloud, deceased, as the same was made and entered upon the minutes of the District Court of Austin County at the July term AD 1871.
In witness whereof I hereunto sign my name and affix the impress of the seal of said court at office in the town of Bellville this the 14th day of September AD 1871.
Thomas Chapman, Clerk
By S R Blake, Depty
(78)
The State of Texas
County of Austin
To District Court Fall term 1871. To hon L Lindsay Judge 21st Judicial District. F M Cloud one of the admrs of Jeremiah Cloud Dec, represents to the court that on the 31st of Nov 1871, be assembled all the commissioners appointed by the court at the last term to partition said estate to wit: B F Foster, James Murray, W A Nichols, James Lander and J W Tottenham, at the home of the admrs and said commissioners after examining said decree and inquiring into the nature of the property and the number of the heirs unanimously say the cannot advantageously partition said property.
Sworn to and subscribed
before me the 25th Nov 1871
Thomas Chapman
Clerk DCAC
F M Cloud
The State of Texas
County of Austin
To District court. Fall term 1871. To Hon L Lindsay Judge. We the undersigned commissioners appointed at the last term to partition the estate of Jeremiah Cloud dec'd met at the home of the admrs on the 21stof Nov 1871 and after examining said decree and inquiring into the nature of the property of said estate cannot be divided without greatly diminishing the value thereof.
Sworn to and subscribed
before me the 25th 1871
Thomas Chapman
Clerk DCAC
W A Nichols
James E Lander
J W Tottenham
Filed Nov 25th 1871
Recorded October 8 1872
Thomas Chapman
Clerk DCAC
(79)
Land surveyed belonging to the estate of Jeremiah Cloud in Austin County.
(There follows a map of the land)
Record continued on page 99
|