Margaret Proctor and Nicholas P. Proctor

Marriage Agreement
and
Probate Records

Source:  transcribed by
Kim Proctor- Fairchild
, <kim8524 [at] netscape.com>, Nov 2005


Burnet Co Texas, Book D, Pg. 212
Articles Of Agreement Between Nicholas Proctor V.  (?)  M. Groesbeck

The State of Texas
Burnet County

This articles of a agreement made and entered into this October 5th A.D. 1857 by and between Nicholas Proctor and Margaret Groesbeck of said State and County. It is understood by this agreement that are the said Nicholas Proctor and Margaret Groesbeck have agreed to and with each other, to Enter into the Bonds of Matrimony and before doing so, to secure to Each one of our heirs their rights separate by, it is understood

the following named Property and money is the Separate Property of the said Nicholas Proctor to wit:
Fourteen hundred (114.00 (?), Dollars in cash

Four hundred acres of land in the Rosters (?) Spring Creek in said County a part of the head right of Alexander Grey valued at nine hundred ($900) Dollars
One horse and Buggy at two hundred ($200) Dollars,

and the following named property is the separate property of Margaret Groesbeck, to wit:

Five hundred dollars ($500) in cash,

One house and five acres of land inclosed in said State and County a part of the John Hamilton League and Known as the House used for a Hospitle (?), by the U.S. States Soldiers at Five Hundred ($500) Dollars,

It is further understood that if either party should at any future time become posessed of any more property or money than is expressed in this Instrument during our natural lives it is to go in and be made part ? Parcel of this contract, In case of the death of either one of us the heirs of the deceased party shall be entitled to draw the property of the deceased party mentioned in this Instrument in proportion to the Lain (?) or Lofs (?) agreeable to the amount put in set.

In Witness of all which we have here to set our hands & seals (using scrolls for seals) this 5th day of October 1857

"His"
Nicholas P Proctor "Seal" ( circle scribbled around it)
"Mark"

Margaret Grossbeck "Seal" (circle scribbled around it)

The State of Texas
Burnet County

Before me, Jas (?) P. Magill Clerk of the County Court of the county in and for said county and state Personally appeared Nicholas Proctor and Margaret Groesbeck Parties to the foregoing Instrument of writing both to me well known and Nicholas Proctor by making his mark and Margaret Groesbeck by Signing her name both in my person is acknowledged the same as their binding act and deed for the purposes and agreements there in mentioned and set forth in Testimony where I have hereinto set my hand is the Seal of the County Court of Said County at office in Hamilton this October 5th A.D. 1857 James (?) P Magill

Filed in my office for record October the 5th 1857 at 8 o'clock AM
Recorded October 9th 1857 at 9 o'clock AM
(signed)
Jas (?) P. Magill
Clerk, CCB

Nicholas Proctor married Margaret Groesbeck, Burnet County Texas, Oct 5 1857, Book A, pg. 111




Vol C, pg 38 
Estate of Margaret Proctor dec'd -- Final Settlement

The State of Texas In Probate Court, Burnet Co.
Burnet County March Term A.D 1867

Comes Josiah Brantly Adminstrator de bonus non? of the Estate of Margaret Proctor dec'd and makes this his final Settlement of said Estate.

I beg leave to report that Joseph A Endbank the former Administrator settled with the only two heirs of said Estate, Mariah Brantly and Adelia Mayes
so far as the household and kitchen furnature and other perishable
property is concerned, which will be evidenced by their receipts,
herewith presented and filed, marked vouchers No's 1 & 2

I will further state that the House and Lot, and the Notes have been divided between said two heirs. --
Adelia Mayes taking the house and lot at $300.00 and the note on C. Mayes for two hundred dollars besides the interest and other things at forty dollars, making the sum of Five Hundred and Forty Dollars, their receipt for which, is herewith Filed and marked Voucher No 3, -

And Mariah Brantly took the Tom Kelly Note $90.00, J. P. Magill Note $200.00, Josiah Brantly Note $50.00 and $200.00 collected from J.P. Magill, making the sum of Five Hundred and Forty dollars for which I herewith present the Reciept of Mariah Brantly.

When this settlement was made there was one Note over looked on William Mynick for Twenty Eight Dollars and one order from William Mynick to F.Brazill, for Nine dollars.

I will further state that I have paid out of my own means as Court expenses as per Voucher herewith filed No. 5, and that the

(cont. pg 39)

balance of the expences , I expect to pay out of my own means.

I also paid out of my own means for the funeral expenses some Fifteen or Twenty Dollars, for the said Margaret Proctor.

I therefore respectfully ask your Honor to examine this Final Statement, and cause notice to be given as the law directs for all persons interested, to appear at the next term of your Honors Court and contest the same if they see proper. And on a final hearing of this Exhibit and Petition the same may be approved, filed and ordered recorded by the Clerk of your Honors Court. And that your Petitioner and his sureties be forever released from any further liabilities on account of said Bond, as Administrator and sureties of said Estate of Margaret Proctor dec'd.

(signature) Josiah Brantly

Sworn to and subscribed before me this 27th day of March A.D. 1867.---

W.W. Brooks
Clk. C.C.B.Co.

Examined and approved this 29th day of April A.D. 1867

John Barton
County Judge. B.Co.

Filed March 27th 1867--

Recorded April 30th 1867,--

W.W. Brooks
CLK.C.C.B.Co.


Vol B, pg 72 Probate Records

Probate Court -- Regular Nov-r Term 1869
November 29th 1869

Present and Presiding Hon. John Barton
County Judge of Burnet County, and W.W. Brooks, Clerk--when the following proceedings
were had, to wit:---
___________________________________________________________________

Succession of Nicholas P. Proctor, dec'd

Now comes on to be heard, the application of J.F. Proctor, for Letters of Administration upon the Estate of Nicholas P. Proctor, deceased -- and it appearing to the Court, that Notice of said application, has been given according to law.

It is therefore Ordered by the Court, that J.F.Proctor be and he is hereby appointed Administrator of the Estate of Nicholas P. Proctor, deceased and that Letters of Administration issue to him, upon his giving Bond and quallifying as the law directs.
____________________________________________________________________

Succession of Nicholas P. Proctor, dec'd

It is ordered by the Court that Robert P? Alexander, James A. Crews and J.L. Hansford, be and they are hereby appointed by the Court, appraisers, to appraise and Inventory the property belonging to the Estate of Nicholas P. Proctor, deceased and that they report the same to this Court as the law directs.
____________________________________________________________________

Succession of Henry Lewis, deceased.

Now comes on to be heard, the application for Letters of Administration upon the Estate of Henry Lewis, deceased, and it appearing to the Court that Notice of said application has been given according to the law.

It is therefore Ordered by the Court that Joseph Key be and he is hereby appointed

Pg.73 (continued)

Administrator of the estate of Henry Lewis deceased, and that Letters of Administration issue to the said Joseph Key upon his giving Bond and Qualifying as the law directs.
____________________________________________________________________

Succession of Henry Lewis dec'd--

It is Ordered by the Court that George F. Parker, Elias Jackson and Mar? Stewart be and they are hereby appointed appraisers, to appraise and Inventory all the property both personal and real, belonging to the Estate of Henry Lewis deceased, and that they report the same to this Court as the law directs.
____________________________________________________________________

Estate of Heirs, of John A. Penn, dec'd--

Comes John Harvey, Guardian for the minor heirs of John A. Penn, dec'd and files his Annual Report of the Estate of his wards, and the same duly considered & examined by the Court.

It is therefore Ordered by the Court that said Report be and the same is hereby received and approved in all things, and the Clerk of this Court ordered to record the same.
_____________________________________________________________________
Succession of Nicholas P. Proctor, dec'd--

Comes J.F. Proctor Administrator of the Estate of Nicholas P. Proctor deceased, and files his Inventory & appraisment of the property belonging to said estate, and the same being duly examined and considered by the Court. It is therefore Ordered by the Court that said Inventory & appraisment be and the same is hereby received & approved by the Court, and the Clerk ordered to record the same.
_____________________________________________________________________

It is ordered that this Court now adjourn.

Attest:
(signed) John Barton
W.W. Brooks County Judge, B.Co.
Clk.C.C.B.Co.


Vol C Pg. 223 Probate Records
Estate of Nicholas P. Proctor, dec'd-- Letters of Administration

The State of Texas
Burnet County

To all to whom this presents may com, Greetings.---

Whereas at the November Term of the Honorable Probate Court of said County, on the 29th day of November A.D. 1869, J.F. Proctor, was appointed Adminsitrator of the Estate of Nicholas P. Proctor, deceased, in open Court and whereas, the said J.F. Proctor has given bond as the law directs and is taken and subscribed in the oath prescribed by the law.

Now therefore know ye!
That the said J.F. Proctor, Administrator of aforesaid, is hereby authorized to do and perform all acts and things necessary and proper to the Administration of the Estate of the said Nicholas P. Proctor, deceased, and by virtue of said appointment he is vested with all the proper rights and privilages conferred upon him by law, as Administrator &c?---

L.S. (with circle scribbled around) Given under my hand and Seal
of the County Court of Burnet County
at Office, in Burnet, this 29th day of November A.D. 1869
Attest: (signed) John Barton                          W.W. Brooks
                        County Judge, B.Co.               Clk.C.C.B.Co.

Filed & Recorded, November 29th A.D. 1869
W.W. Brooks
Clk.C.C.B.Co.


      

Vol C, Pg. 224

Estate of Nicholas P. Proctor, dec/d---Admin Bond and Oath

The State of Texas
County of Burnet
Know all men by these present, that we J.F. Proctor as principle and J.T. Woodard and William S Carathers as sureties, are held and firmly bound unto the Judge of the County Court of said County in the sum of Eighteen Hundred and Fifty dollars for the payment of which will and truly, will be made unto said County Judge, we bind ourselves, our heirs (?) executors and administrators, jointly and severally, firmly by these presents.

But the above obligation is to be void on condition that the above named (?) J.F. Proctor, who has this day been appointed Administrator of the estate of Nicholas Proctor, deceased, shall well and truly perform all the duties required of him as such Administrator otherwise to remain in full force and affect.
Given under our hands on this 29th day of November A.D. 1869

(signed) J.F. Proctor
              J.T. Woodard
             W.S. Carathers

Examined and approved
This 29th day of November A.D. 1869
(Signed) John Barton
              County Judge B.Co.

The State of Texas
Burnet County

I, J.F. Proctor do solemnly swear that Nicholas P. Proctor, deceased, died without leaving a lawful will, so far as I know or believe, and that I will well and truly perform all the duties of Administration of said Nicholas P. Proctor, deceased --so help me God. --

(signed) J.F. Proctor

Sworn and subscribed before me, this 29th day of November A.D. 1869.---

(signed) W.W. Brooks
              Clk.C.C.B.Co.

Filed and Recorded, November 29th A.D. 1869

(signed) W.W. Brooks
             Clk.C.C.B.Co.




Vol C Pg. 226

Estate of Nicholas P. Proctor, dec/d---- Inventory

Inventory of the estate of Nicholas P Proctor, deceased.

One horse of the value of $40.00
One buggy $40.00
One note ? Day of December 1868 $500.00
     Int. on same @ 10 pr. Ct.
One note on John R. Hubbard & Samuel Norvell, security — due 1860 $250.00
One set of harness worth $5.00
One note on J.D. Morris, due Jan 18 1870 $75.00

(Signed) J. L. Hansford
              J. A. Crews


The State of Texas (scribble mark)

Burnet County

Personally appeared before me the undersigned authority, J.F. Proctor Administrator of the estate of Nicholas Proctor dec/d and made oath in due form that the foregoing is a full true and correct Inventory of the said deceased, so far as the same has come to his knowledge.

(Signed) J.F. Proctor
              Admin

Sworn to and subscribed before me by J.L. Hansford & J.A. Crews, appraisers, and by J.F. Proctor Administrator, this 29th day of November A.D. 1869. -----

(Signed) W.W. Brooks
              Clk.C.C.B.Co.

Examined and approved this 29th day of November A.D. 1869.

(Signed) John Barton
              County, Judge, Burnet

Filed and recorded, November 29th 1869.

(Signed) W.W. Brooks
              Clk.C.C.B.Co.


 

 

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