Thomas Hines, Sr.

Source: An Addition to
Memorial & Biographical History of Ellis Count
y
Lewis Pub. Co., Chicago, Ill. 1892; Ellis Co. Historical Museum & Art Gallery, Inc., Waxahachie, Texas, pp. 764-6

Contributed by Jean Caddel

Thomas Hines, Sr.  moved his family  from Fayetteville, Tenn. to Ellis County, Texas 1852 /53 and settled on land which he had purchased in 1854 near Chambers Creek, with A. R. Moore as Assignee, Bondsman W. H. Moore for A. R. Moore.

Thomas Hines, Sr. was born in 1800 in South Carolina, died August 28, 1882 Waxahachie, Texas and was buried at Bethel Cemetery near Chambers Creek and Five Points. Mrs. Mollie V. Nelson Hampton (Mrs. C. W.) said  that  her grandfather's [Thomas , Sr] mother was a Tarrant. who died when he was five years old and General Edward H. Tarrant  [his uncle]  brought him to Texas. Tarrant County is named for General Edward H.  Tarrant  who fought in the War of 1812.

When Thomas was nearly grown, he went back to North Carolina later moving to Fayetteville, Lincoln County, Tennessee  and still later to Texas as mentioned above.

Mr. Hines farmed extensively,  having bought his land for twenty-five to fifty cents an acre. Prior to the War, he owned many slaves, bringing 130 to Texas.  He built the first public gin in Ellis County and also erected the first brick house. His first wife was Mary R. Moores.  She was born in 1801 in Kentucky and later lived with her parents in Fayetteville, Tenn.  She died  August 1858 , age 57 years, in Ellis County and  was  buried in the Old High Cemetery on the Walt Higgins farm on Chambers Creek. She was later disinterred and buried by her husband in Bethel Cemetery.

Children of Thomas Hines and Mary Morres Hines:

 (1)  Martha B., (b. Feb. 21, 1831, m. Solomon Yarborough b. May 7, 1821;  had three sons: Thomas H., b. Jan. 13, 1849, William R., b. July 2, 1852,  and Johnnie M. B., b. July 24, 1867,

(2)  John Hines, m. Amelia Patrick, (sister of Captain Patrick); their children : Ella, m. Charles W. Gibson Dec. 26, 1878 and had children: Anna, Maude Kathleen, Wallace, Margaret, Howard and Shirley;

(3)  Maggie, m. Hugh McCaul.  Their son Hugh [Jr] married Annie McBrayer and had . Annie Margueritte and Anna who never married;

(4)  James K. Polk Hines who  m/1 Saphronia---; had son Luther, who m/1 [not known]; had children Jim and Edward  ( had a son and a daughter by his first marriage)   Luther Hines m/2 Eugenia Paskel ; children: Stella,  ( married Fleming James )and Luther Paskel (m. twice)  J. K. P. Hines m/2 Beatrice; and had  one daughter Joy , who m. Forrest Scruggs.

(5)   Thomas J. Hines, Jr. m/1 Margaret Winn ; children: : Mollie, (born Dec. 8, 1865; m. Alexander Curry) ; Thomas J. III, (b. Sept. 14, 1862);

(6) Alexander Hines married Sue Prewitt; children: Renzi, accidentally shot and killed, Linda, Tom, Eliza Jane,(b. March 15, 1838; d. Jan. 3, 1859;  m. Dr. Lafayette S. Nelson. Their one daughter, Mollie Vestel Nelson, born March 20, 1858; m. March 7, 1878 Charles Wesley Hampton, (born June 17, 1845) Their children: Charles Nelson, Nova Zembla, William Wade, Ruel E., John Weston, Clifford Hines and Manton Milton.

On June 21, 1859, Captain Thomas J. Hines, Sr. m/2 Nancy J. Young, daughter of Captain Robert Young,  (she b. May 17, 1836). Their children :

(1)   Robert L., born March 1, 1865 - died December 25, 1872,

(2) Blanche, born March 29, 1860 October 16, 1876 married James Henry Thomson, born July 2, 1846 whose children were: Clarence Young, born October 18, 1877; James Henry, born May 11, 1880 - died August 3, 1881 at one year old; Thomas Hines, born February 7, 1882; William Henry, born February 24, 1884; Johnnie Joe, born September 8, 1886; Teressa Elizabeth, born April 10, 1889, married E. W. Odom; Cortez David, born March 15, 1894; Nancy Jane (Mrs. J. O. Chapman), born August 3, 1897; Ernest Marvin, born June 5, 1899; Mary Finetta, born July 29, 1884, married Walter T. Timmins, born September 18, 1856 and their son was T. Frank Timmins, born June 18, 1886, and Ernest, who married Laura Whipple and had no issue.

More information on Mary R. Moores Hines, daughter of Major John Moores,  is given in the biographies of Dr.. L. S. Nelson and Charles Wesley Hampton.


WILL & ESTATE SETTLEMENT OF THOMAS HINES.

Found in Abstract No. 7156, Texas Title & Loan Company, Waxahachie, Texas.

Dated 4th Day of September, 1905

(97 acres of land of the A. Greathouse survey conveyed from S. H. Grimes & wife to A. E. Nowlin)

Grant of six hundred and forty acres of land by the State of Texas, P. H. Bell, Governor, Geo. F. Smith, Commissioner, to Archibald Greathouse, in Robertson District, Ellis County, 18th day of August, 1851.

Archibald Greathouse and Mary Ann, his wife then conveyed the same land to Pinckney C. Sims on March 2nd, 1852 (Vol. A, p. 102) for $540.

Sept. 28, 1852, P. C. Sims conveyed E. M. Brack 202 acres of this land (Vol. A, p. 411))

Sept 17, 1855, P. C. Sims, to D. M. Gray , Bond for Title & Transfer and D. M. Gray to Thos. Hines.

(Note: Written across the face of the above instrument, appears the following Vis: "For a valuable consideration to the paid I have this day transferred to Thomas Hines of said County of Ellis all the rights titles and interest and claim that I have in and to this bond and I do hereby authorize the said P. C. Sims to make a deed to said Thos. Hines for the tract of land herein described. 17th day of December 1855. D. W. Gray." (Vol. B, p. 368, Pinckney C. Sims to Thomas Hines - "reserving to Nicholas P. Sims the use of his saw mill & mill yard situated on said tract of land so long as the present mill stands."

[The following information was included in this abstract with the conclusion that there was no claim to the 97 acres by any of the Hines heirs.]

June 20th, 1859: Thomas Hines, Senior to Thomas J. Hines, "Consideration: - "of the Natural love and affection which I bear to my son Thomas J. Hines." have given, granted, etc., etc.

HEIRSHIP

Mrs. Hines, Deceased wife of Thomas Hines, Sr., Decd.

Proof — Affidavit by J. P. N. Nelson

"On page 156, Book 137, Deed Record, in the office of the Clerk of the County Court of Ellis County, Texas, appears an Affidavit filed for record Oct. 10th, 1902, same reading substantially as follows, Viz:-

"Before me, the undersigned authority, on this day p0ersonally appeared J. P. H. Nelson a citizen of said (Ellis) county well known to me and known to me to be a person whose statements are worthy of full faith and credit, who after being by me duly sworn, upon his oath deposes and states: that he was well acquainted with Thomas Hines Sr. now deceased, and with his family. That said Thomas Hines was twice married. That his first Died about the year 1859 leaving surviving her as her sole and only heirs at law children and grand children as follows: Martha Yarbrough, wife of Solomon S. Yarbrough, Thomas J. Hines, Alexander Hines, (who was also known as A. G. Hines), and J. K. P. Hines the above being the only surviving children of said Mrs. Hines at the date of her death, and the following named grandchildren, Ella Hines, Maggie Hines and Anne Hines, children of John M. Hines, deceased, and Mollie Nelson, only child of Eliza Nelson formerly Eliza Hines. That the above named were the only children and descendants of deceased children of the said Mrs. Hines at the date of her decease." Signed J. P. H. Nelson, 30th day of June 1902.

No. 723

Suit in the District Court of Ellis County. Texas

Thomas Hines Sr. Vs Martha Yarbrough etal

Statement

"This suit was instituted March 18th 1871. The Plaintiff is Thomas Hines Sr., of Ellis County Texas. The Defendants are Martha Yarbrough & Solomon S. Yarbrough her husband, Thomas J. Hines in his own right and as Guardian of Ella Hines, Maggie Hines and Anne Hines Minor heirs of John Hines, deceased, and Alexander Hines, James K. Polk Hines and Mollie Nelson minor heir of Eliza Nelson, formerly Hines, now deceased, all of Ellis County, Texas.

"This is a suit to remove cloud from the title to all of the J. H. Johnson 320 acre survey and several other tracts of land in Ellis County, Texas. The Plaintiff representing the same to be his separate property, purchased with his separate means &c.,

"Plaintiff also represents that at the time he purchased said J. H. Johnson survey he was married to the ancestor of the Defendants and was residing with his family in the state of Tennessee, moving to the state of Texas in the fall of 1853 and that on the Day of Aug. 1858 his wife and the ancestor of the Defendants departed this life.

"This suit was afterwards by an order of the Court of date May 5th 1871, dismissed – See Civil Minutes, Book E, page 19.

No. 234 - Estate of John M. Hines, deceased

Will of John M. Hines duly probated Nov. 27th, 1865

Amelia H. Hines and Thos. J. Hines appointed Executrix & Executor -

See Probate Minutes, Book C, pp. 275 &c and p. 280.

Will Recorded Dec. 22nd 1865 in Will Records A, pages 103 &104

Said Will is dated on the Day of 1860. No witnesses shown. Proven by T. J. Hines. Said will with reference to the property &c contains the following clauses, Viz:

"I give and deliver one third of all my estate real personal and mixed or whatsoever to my affectionate wife, Amelia H. Hines which she is to have during her life and at her death it is to be equally divided between my two daughters Ella Hines and infant daughter not yet named. It is my will and desire that my wife have and receive a negro girl America as a portion of her third of my estate, I give and bequeath the remaining two thirds of my estate real, personal and mixed or whatsoever to my two daughters Ella Hines and infant daughter not named to be equally divided between them.

I give and deliver one horse Selam to Amzi Bradshaw Esqr.

It is my will and desire that the Probate Court have and take no further control over my property than the probating and recording this my last will and testament and making confirming and recording the partition of my property as herein before willed, and directed, my will and desire is and I hereby constitute and appoint my brother Thomas J. Hines, Guardian of the Estate of my two children Ella Hines and infant daughter not named.

I hereby constitute and appoint my wife Amelia H. Hines and my brother Thomas J. Hines of Ellis County, Texas, or the survivor of them Executrix and Executor of this my last will and testament."

No. 857

J. K. P. Hines, etal

Vs

Martha Yarbrough etal

Statement

This Suit was Instituted August 14th, 1872. The Plaintiffs are James K. Polk Hines, and Mollie Nelson, who is a minor, and who sues by her next Friend and Guardian, L. S. Nelson, all of Ellis County, Texas.

The Defendants are Martha Yarbrough and Solomon S. Yarbrough, her husband, Thos. J. Hines, Alexander G. Hines, and Ella Hines, Maggie Hines and Anna Hines, Minor Children of John M. Hines, Decd. All of Ellis County, Texas.

This is a Suit for Partition. The Plaintiff representing that the Plaintiffs and Defendants are some of them Children, and some of them grand children of Thos. Hines and his former wife, Hines, Deceased,, That the said Thos. Hines, out of the Estate belonging to himself and said former wife, made the following advancements to his Children; that is to say, to John M. Hines, now deceased, June 18th, 1858 $5,425.00 and 1859, $250.00, making in all to him the sum of $5,764.00; to Martha Yarbrough, June 18th, 1858, $5441.75 and Feby. 24th, 1866 $700.00 making in all to her the sum of $6142.41; to Alexander G. Hines, Feby 5th 1866 the sum of $3350.00; to James K. Polk Hines, May 24th, 1868, $650.00 and Septr. 1st, $150.00, making in all to him $315.00; to Thos. J. Hines June 18th, 1858 $2550.00 and Decr. 27th, 1858, $2953.75, making in all to him $5503.75 and to L. S. Nelson for his daughter, Mollie Nelson, Septr. 1st 1871, $215.00, the sum total of all the advancements amounting to $21,700.16.

Your petitioners further represent that said Thos. Hines Sr. After the death of his former wife, married again and by his last wife, has several Children, who are Minors; that on the Day of A. D. 1871, the said Thos. Hines, instituted suit in the Dist Court of Ellis County against the parties to this suit to quiet the title to his property real and personal as against the claims of these parties in right of their mother Decd. That afterwards on, to-wit, the 20th day of September, A. D. 1871, a Compromise was made, wherein the said Thos. Hines, Sr. Dismissed his said Suit and a division of the property was made between the said Thos. Hines Sr. And these parties plaintiff and defendant, whereby these Parties as Children and descendants of said Thos. Hines and his former wife, became entitled to and now own the following described property towit: - lying and situated in Ellis County, Texas, to-wit:-

Five hundred and eighty one acres of land on Chanbers Creek, a part of the J. Levy Survey, part of the J. H. Johnson Survey and part of the A. R. Moore ......Also three hundred and seventy acres of land near the above ....being the W. J. Jeffers and a part of the J. Levy Survey etc.... And also one half of the Mules, horses and cattle undivided;

Your Petitioners represent that the said Lands were altogether of the value of $7475.00 and were so valued by the Commissioners of division selected by the Parties and that one half of said personal property is of the Value of $800.00 said valuations together amounting to $8275.00.

Your Petitioners state that said Division had reference only to a Division and settlement between said Thos. Hines and these parties as heirs of his former wife, and with no reference to a Division and Settlement between themselves; and they state that it was expressly understood between said Thos. Hines and all the parties that in the settlement and division between the heirs the advancements aforesaid theretofore made to them should be regarded & taken into account ; and they state that in justice and equity such ought to be done.

Your Petitioners further represent, that considering the advancements aforesaid and the property aforesaid on hand for distribution, the heirs of John Hines Decd. Martha Yarbrough, and T. J. Hines, Have received by way of advancement more than their share of said estate, and that your petitioners and the Defendant A. G. Hines are entitled to the whole of said property to be divided among them having regard to amount of advancements heretofore made to each; and they state that estimating the property to be of the value of $8275.00 Mollie Nelson is entitled to a share thereof equal in value to $4003.33 1/3/100th, J. K. P. Hines to a share equal to $3403.33-1/3/100 and A. G. Hines to a share equal to $860.33-1/.3/100.

The premises considered your petitioners pray that Defendants be cited &c; that a Guardian adlitem be appointed to represent the Minors Ella Hines, Maggie Hines, and Anna Hines, they pray for a Decree of the Court vesting the Title to said property in J. K. P. Hines, A. G. Hines, and Mollie Nelson, and for a Partition and distribution thereof between them and that same be made in the proper proportion after allowing for the advancements to each that Commissioners be appointed to make the Partition and allotment in accordance with the judgment of the Court; and they pray for such other and further relief as they may be entitled to &c.

On 16th day of September, 1972, Plaintiff filed Amended Petition, which reads substantially viz:......

No. 857 Hines Vs Yarbrough. And now comes the plaintiffs and amending their petition, file an agreement between all parties of age........

Ferris & Getzendaner, Plffs, Attys.

"The Agreement referred to signed by A. G. Hines, T. J. Hines, S. S. Yarbrough, & M. B. Yarbrough, Jas. K. P. Hines, filed Septr. 16th, 1872 ...... Shown in judgment following:....

Answer of Defendants Solomon S. Yarbrough and his wife, Martha Yarbrough, Thos. J. Hines, A. G. Hines, and Ella Hines, Maggie Hines and Anna Hines, Minor heirs of John M. Hines, Deed, Filed Septr. 6th, 1872....."

Page 146, Book E, Civil Minutes of District Court, Ellis Co.......Order made at OTS Sept. Term, 1872 as follows, viz:..... #857 J. K. P. Hines et al Vs Martha Yarbrough etal - Title & Partition.

".....ordered that Geo N. Aldridge Esqr. Be appointed Guardian Ad litem for the Minors Ella Maggie and Annie Hines."

Instr. No. 15: Judgment - P. 159, Book E, Civil Minutes of District Court of Ellis County........Judgement or Decree of said court...date of 16th, 1872, as follows, Viz:....

J. K. P. Hines etal Vs. Martha Yarborough, et al....Cause to be heard the Plaintiffs by Atts. And Defts., T. J. Hines, A. G. Hines, S. S. Yarborough, and M. B. Yarbrough, ........presented Agreement of Settlement and Partition to-wit:-

J. K. P. Hines, et al Vs Martha Yarbrough etal....In the Dist Court Septr Term A. D. 1872, ....Plaintiff & Defendant....who are of age.......agree that a Decree be entered in this case as follows: ....property now on hand consisting of lands and horses, be valued by commissioners of Partition and same be allotted and portioned among heirs in such manner that J. K. P. Hines, and Mollie Nelson shall receive forty six hundred dollars to be equally divided between them and order to make them equal in advancement with the other heirs, and the remainder of property be equally divided among all the heirs.........., It being considered that the cattle, valued at $800 has been heretofore advanced and is not to be taken into the account.....if property cannot be divided in same (best interest) shall be repeated to the Court.....A. D. 1872.

Signed A.G. Hines

T. J Hines

S. S. Yarbrough & M. B. Yarbrough

Jas. K. P. Hines.

Thereupon came the Plffs and the Defts including the Minors Ella Hines, Maggie Hines, and Anna Hines, by their Guardian....., there came a jury of good and lawful men to=wit: W. L. B. Morgan, Foreman and eleven others........returned into open court the following verdict, to-wit: "We the jury find for the plaintiffs and that the agreement of settlement and partition between the adults in this case is a just ......settlement ..... and the Minors."

Signed W. L. B. Morgan, Foreman

Five hundred and eighty one acres of land, ........on Chambers Creek, a part of J. Levy 640, part of J. H. Johnson, 320, and part of A. R. Moore 320 acres; ........also three hundred and seventy acres near the above land, being W. J. Jeffers 320 acres and a part of J. Levy Survey;....also the houses obtained in the Partition with Thos. Hines Sr. It is ordered that a proper and just cash valuation be made of all sale property by Commissioners appointed, ....first allotted to the plffs J. K. P. Hines, and Mollie Nelson out of said property an amount equal in value to the sum of forty six hundred dollars to be equally divided between them ....make then equal in advancements with the other heirs, and secondly all the remaining property equally divided between all the heirs share and share alike..........

Commissioners appointed: John Sims, John S. McCulloch, Geo9rge Cunningham and E. M. Brack....... If above cannot be divided without impairing value, they will so report their action to the next term of this Court, and that Gen. M. Aldridge Gdn. Adlitem be allowed Fifty Dollars..

~ ~ ~ ~ ~ ~

Note by Abstracters:

"The land sought to be partitioned in this cause is no part of the land sought in this Abstract. The proceedings in said cause shown are placed herein for the purpose of showing that the advancements made to the children of Thos. Hines and his deceased wife, were considered in this cause.


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