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Grimes County Probate, Volume 3

 

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Film #1006264, Item 1
1852-1853

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Page 118; John F. MARTIN Estate; O. H. P. Hill & Carolina Hill; Petition to Partition Land; Dec 1852
Page 119; W. T. FLOYD Heirs; Joyce V. McGuffin Guardian; Exhibit 1852
Page 130; W. T. FLOYD Heirs; Joyce V. McGuffin Guardian; Exhibit 1857 [1851?]
Pages 180-181; John F. MARTIN Estate; O. H. P. Hill & Carolina Hill; Petition to Partition Land; 27 Dec 1852
Pages 181-195; John F. MARTIN Estate; O. H. P. Hill & Carolina Hill; Final Account; 25 Apr 1853

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Page 118 [no page# on page]

State of Texas Grimes County Court
John F. Martin Estate by O. H. P. Hill and Carolina Hill.

To the Hon Geo M Patrick Chief Justice of Grimes County.
The Petition of O. H. P. & Carolina Hill - adminstrator and adminstratrix of the estate of John F. Martin Deceased would try respectively represent to your Honor several years that the debts against said estate have all or nearly all been paid except some growing out of the administration and such as might occur in defending a suit now pending in the District Court of said County in which the title to a part of the negroes belonging to the estate is involved. That a part of the lands of the estate have been partitioned by order of the court between the heirs of said estate that there are other lands belonging to said estate that have not been partitioned some in this county and some in other counties. That there is stock and other personalble property belonging to the estate that it is believed will be sufficient to pay all like Petition so that said estate is believed to be perfectly solvent. That there is one half of _____ndy [Tandy] Walkers headright League of Land lying in this County that is the common property of said estate that has not been partitioned and is now susceptible of being partitioned between the heirs of the estate. That there is a Homestead of two hundred . . . [rest of transcription missing]


Page 119

State of Texas Grimes County Court; 5 Jan 1853
W. T. Floyd Heirs by J. V. McGuffin Guard.

Exhibit 1852

Joyce V. McGuffin Guardian of David B. Floyd and James V. Floyd minor heirs of William T. Floyd dec'd in account current with her wards for the year AD 1853 [should be 1852?]

The guardian charges herself with all and singular the property as returned in the account current for the year AD 1852. To Wit: - amounting to $3583.00
The guard. further charges herself with the hire of negroes $100.00
The guardian would represent that there has been an increase in the negroes accounting to four in all and she also represents that the old woman Billie is worthless and a expense.

The Guardian charges a credit for the following sum and asks the Court to allow the same

 
Cash paid Taxes for the year 1852             $ 6.63
Cash paid schooling for James V. Floyd          6.00
                                               12.63
 
Board and clothing for her and wards            7.37

J. V. McGuffin is guardian for the heirs of Wm. T. McGuffin dec'd solemnly swears by _____ that the foregoing account contains a full and correct statement of the receipts and disbursements made and paid with said Heirs for the year 1852. Sworn to and subscribed before me the 5th day of January AD 1853.

Joyce V. McGuffin
G. M. Mooring Clerk, C.C.G.C.

Filed in my office for record on the 5th day of January AD 1853. To all of which I hereby certify. G. M. Mooring Clerk of the Court of G.C.
By A. S. Richardson Deputy


Page 130

State of Texas Grimes County Court; 26 Jan 1853
W. T. Floyd Heirs by J. V. McGuffin Guard.

Exhibit 1857[1851?]

Joyce V. McGuffin Guardian of David B. Floyd and James V. Floyd minor heirs of William T. Floyd dec'd in account current with her wards for the year AD 18537 [should be 1851?]

The guardian charges herself with all and singular the property as returned in account current for the year AD 1850 with the exception of one negro child since. To Wit: - amounting to $3573.00
The guard. further charges herself with the hire of the negroes $100.00
And would represent that one of said negroes was sick most of the time. The guardian further represents that there has been but little increase in the stock 15.00
Total $3688.00

The Guardian charges a credit for the following sums as well asks the Court to allow the same

 
Cash paid Taxes for the year 1857 [1851?]            $ 6.05
Board and clothing for her said wards                 93.95
                                                      100.00
 

The State of Texas } Before me John R. Kennard Chief Justice
County of Grimes } said county Joyce V. McGuffin
guardian of the persons and property of David B. and James V. Floyd personally appears and states upon oath that the above exhibit contains a full and correct statement of the condition of the wards estate and of the receipts and expenditures for the year 1857 [1851?] and since releasing ? her last annual exhibit as said guardian.

Joyce V. McGuffin

Sworn to and subscribed before me this 26th January AD 1852
John R. Kennard Chief Justice Grimes County

Filed in my office for record on the 26th day of January AD 1853. To all which I hereby certify
G. M. Mooring Clerk & Recorder
by S. C. Richardson Deputy


Pages 180-181

State of Texas Grimes County Court; 27 Dec 1852
John F. Martin Estate by O. H. P. and Carolina Hill, admin.

Petition to Partition Land

To the Honorable Geo. M. Patrick Chief Justice of Grimes County - The petition of O. H. P. Hill and Carolina Hill adminstrater and Adminstratrix of the estates of John F. Martin deceased would respectively represent to your honor that adminstration has been opened(?) upon said Estate for several years that the debts against said Estate have all or nearly all have been paid except some growing of the adminstration and such as May occur in defending a suit now pending in the District Court of said County in Which the title to a part of the negroes belonging to the Estate is involved. That apart of the Lands of the Estate have been Partitioned by order of the Court between the heirs of said Estate that have not been partitioned some in this county and some in other counties. That there is stock and other perishable property belonging to the Estate that is believed will be sufficient to pay all liabilities so that said estate is believed to be perfectly solvent. That there is the one half of Tandy Walkers headright League of land lying in this County that is the common property of said Estate that has not been partitioned (and is now justice talk to be petitioned?) between the Heirs of the Estate that there is Homestead of two hundred acres of League out of Pat. C. Jacks headright quarter of a League to which the family now resides that would also come in general distribution of said Estate.

Your petitioner Carolina Hill is the widow and relict of said John F. Martin deceased and is entitled to the one half of the lands above described That the buildings upon the Homestead are not extensive enough for the Wards and comfort of the family that a considerable outlay of your petitioners means will be necessary to put them in a comfortable condition and that they do not feel themselves warranted in expanding means upon it Therefore they pray your honor to

Page 181

appoint Commissioners to partition the Walker half league of land and the Homestead between Carolina Hill and the minor heirs of John F. Martin dec'd to wit: William A. Martin, Winston T. Martin, John F. Martin and Margaret O. Martin and your petitioners will ever pray.

O. H. P. Hill admint
Carolina Hill admtx.
by O. H. P. Hill

Filed 27th Decbr 1852
G. M. Mooring Clk C.C.G.C.


Pages 181-195

State of Texas Grimes County Court; 25 Apr 1853
John F. Martin Estate by O. H. P. and Carolina Hill, admin.

Final Account

Carolina Hill late Carolina Martin adminstratrix of the Estate of John F. Martin deceased would respectively Exhibit to Geo. M. Patrick Chief Justice of the County Court in and for said county the following Exhibit of the accts and _____ since the date of the last annual Exhibit and of the condition of said Estate to wit: This adminstratrix is changeable with the amount of her Inventory is shown in her exhibit of the 29th day of March 1853 This sum $9,782.46

She now claims a Credit upon said inventory of one boy man that died in the service of Moses Buffington & the ____ Allyne (?) some time in the year 1851 and in which she forgot to have claimed a credit for in her last exhibit as she charged herself with the amount collected of there for her which she believes was valued at $200.00 [could be 300.00]

She also claims a credit for eight head of cattle which she has sold & charges herself with proceeds valued at as she believes $3.00 $24.00 $54.00
Balance of inventory on hand $9728.46

The adminstratrix states that there has been no claims presented against said Estate since her last annual Exhibit but such as had been created in the management of the Estate and she believes that all past claims

Page 182

against said estate has been paid off -

The suit that Thos. (?) C. S. Waldon adminstrater of the Estate of Charles Baird dec'd brought against said estate for the Negroe woman Alley and her children is pending in the District Court of this County. Whence it is hoped a speedy fair trial will be had.

This adminstrator charges herself with the following amounts rec'd for stock sold since her last exhibit

To H. H. Boggess one cow and calf for $10.00
To G. W. Baines Two cows & calves for 20.00
To J. W. Jenkins Three cows & calves for 30.00
To Mrs. Pointer four head dark cattle 20.00
To Jackson Harbinson one cow yearling 10.00 [Total] $90.00

The adminstratrix claims a credit for the following amounts paid out by her as per voucher

No. 57 Wm. Armstrong receipt for surveying two tracts being the one half of Wm. [Tandy?] H. Walkers headright League which was located by John F. Martin and bond taken of for title $8.00
No. 58 Joshua Seals receipt for tracin lines and establishing corners to J. F. Martin headright of 1/4 league of land in Brazos County $5.00
No. 60 John R. Kennard Chief Justice receipt fo fees of office $13.00
No. 61 Z. B. Mallett Medical bill & ____ for attention to servants [amount?]
No. 62 E. Floyed assessor & collection receipt for Taxes of estate in Grimes County $31.00
No. 63 E. Floyd assessor & collector receipt for taxes of minor heirs $4.67
No. 64 Geo. M. Patrick Chief Justice fees of office $6.00
No. 65 G. M. Mooring C. clks fees of office $5.00
Amount paid said by adminstratrix $9.21 over and above amount of receipt which balance was paid out of her own individual means and therefore ask an allowance for the same

Page 183

The adminstratrix now exhibits the aggregates of the amount of her receipts and disbursements as shown her several annual exhibits herein referred to to wit:

 
Amount of receipts that she is charged with in her}
Exhibit of 4th February 1848}                                $434.50
Amount of receipts charged in Exhibit of}
26th March 1850}                                             $ 15.00
Amount of receipts charged in Exhibit}
of 1st April 1851}                                           $ 29.00
Amount of receipts charged in Exhibit}
of 29th March 1852}                                          $ 45.00
Annual charges in present Exhibit                            $ 90.00
Grand aggregate                                              $613.50
 
The adminstratrix finds upon examining her several exhibits that she has
charged herself twice with a work of sold to J. T. Whitesides at $15.00
may be seen on reference to her exhibit of 26th March 1850 and 29th March
1852 in there was but one ox sold to him and now asks the court to allow
her to correct the error by deducting it from the above amt.   15.00
                                                             $598.50
 
Amount distribution as shown in Exhibit}
for the year 1848} (?)                                       $ 912.62
Amount disbursed as shown in}
Exhibit for 1849}                                              190.50
Amount disbursed as shown}
in 1850}                                                       309.02
Amount disbursed as shown}
for 1851}                                                      154.30
Amount disbursed as shown}
for 1852}                                                      281.15
Amount disbursed as shown}
in this exhibit}                                                99.21
Making the grand aggregate of                                 1846.80
Amounts taken over                                             598.50
 
Page 184
 
Amount of receipts brought over                                      $ 598.50
Amount of disbursements brought over                         $1846.80
This adminstratrix has rec'd in cash}
from said Estate the sum of $598 upon which}                    29.90
she charges a commission of 5%}
She has also paid out as shown in her 
several exhibits the sum of 1846 upon
which she charges 5% commission                                         92.30
Making her disbursements and Commissions
amount to the sum of ---                                     $1969.00
Deduct the amount of receipts as above                                 598.50
Leaving the sum of                                           $1370.50
 
which this adminstratrix has paid out for said Estate over and above the 
amount of receipts from said Estate which sum less the amount of 
commissions she paid out of her several exhibits and she now asks your 
Honor to make her an allowance for the sum of $1370.50 out of the common 
property of said Estate to place her on an equal footing with the minor 
heirs of said estate.
 
This adminstratrix would further show that said estate consist in part
of the following described property which is embraced in her inventory
to wit:  
One tract of land being the north half of      
T. H. Walkers headright League 2214 acres 
valued at 50.00 per acre                                     $1107
200 acres of Land (The Homestead) in N.E.
Corner of T. [P] C. Jacks 1/4 League
valued at $6                                                  1200
One gray mare valued at                                                 50
One Iron Gray mare valued at                                    75
One Roan horse valued at                                        25
One Brown Bay Mare Mule                                                 60
One Sorrell Filly not in Inventory
57 (or more) stock cattle valued at $3 each                    171
Amount taken up                                              $2688
 
Amount brought up                                            $2688
5 head work exams valued at $15 each                            75
13 head sheed exams valued at $1.50 each                        19.50
                                                             $2782.50
 
Page 185
 
Making the sum of 2782.50 all of which is in this county
 
Also one tract of land 1/2 of T. H. Walkers headright}
League lying in Wilson County 2214 acres}
valued at 50 cents per acre}                                  1107
One tract of land north 1/3[or 1/2] of John Tollow}
headright League 2214 acres lying in Burleson}
County valued 50 cents per acre}                              1107
One tract of land in same Co. West 1/2 of T. H.}
Walkers headright League 2214 acres valued at}
50 cents per acre}                                            1107
One tract of land in Montgomery Co 640 acres on}
the undivided half of 1280 acres granted to J. F.}
Martin assignee of John Toops? valued at }
50 cents per acre}                                             320
One labor of land in Washington County}
granted to J. F. Martin assignee of Wm. B.}
Pillow valued at}                                                       75
One tract of land in Walker Co. Thomas}
Gillespie headright of 640 acres valued at}
This tract of land is not in original inventory but is believed to 
have been in an additional inventory which the admtx can not find in
office
 
It is believed that all the above described property was acquired
after the adminstratrix marriage with the deceased and is community
between the deceased and admintrix.
 
There is one tract of land lying in Brazos 
County 1/4 of a League J. F. Martins headright 
that was granted as a single man and as a 
colonist in Austins Colony 1102 acres valued
at 50 cents                                                    553.50
Making the sume of -                                          7052.00
 
The remainder of said Estate is made up of the 
15 Negroes named and described in the inventory and
valued at the sum of                                         $5025
        Also one Negro boy Berry 3 or 4 years old
        and Negro boy Shed about 3 years old 

The adminstratrix presents the above and fair going(showing?) as her final exhibit of said Estate and asks the Court to have all lands and personal property of said Estate distributed and to discharge her from her adminstration so far as it relates to the land and personal property but

Page 186

continue said adminstration on the Negroes belonging to the Estate until the suit now Pending in the District Court for a part of them is _______

O. H. P. Hill Admit
Carolina Hill admtx
of John F. Martin dec'd

I O. H. P. Hill do solemnly swear that the within and foregoing contains a full and correct statement of the condidtion of the Estate of John F. Martin Dec'd and of the receipts and distribution made in the adminstration of the same.

Sworn and Subscribed before me on this the 25th day of April AD 1853

G. M. Mooring Clerk
C.C.G.C.

Filed 25th April 1853
G. M. Mooring Clk
C. C. G. C.

Pages 186 - 195

There are 10 more pages in the Martin estate including land maps so to speak.

Submitted by Vickye White [vickye@usaonline.net]

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