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Grimes County Probates, Volumes L

 

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Film #1006268 filmed Anderson, Texas on 08 July 1976, Roll #22
Volume B - 1870 - 1875
Volume L - 1854 - 1856
Volume M - 1855 - 1857

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Volume L, 1854 - 1856

Pages 31-38; A. D. KENNARD, Sr. Estate; Probate
Pages 47-54; Samuel MCGUFFIN; Annual Exhibit
Pages 72-73; Joshua HADLEY; Petition for sale of land in estate
Page 135; David FLOYD; Petition for probating will & appointing executor
Page 136; David B. FLOYD; Bond, E. Floyd Admin.
Page 137; David B. FLOYD; Petition for probating will & appointing executor
Page 181; Joshua HADLEY's Estate; Payments made & c; Joyce V. McGuffin admtx
Page 182; Joshua HADLEY's Estate; Report of $150; Joyce V. McGuffin admtx
Pages 182-184; Joshua HADLEY's Estate; Exhibit 1852; Joyce V. McGuffin admtx
Pages 184-186; Joshua HADLEY's Estate; Report of Comms. of Partition
Pages 186-187; Joshua HADLEY's Estate; Petition for Partition; Alx Lacy
Pages 187-189; Joshua HADLEY's Estate; Final Exhibit; J. V. McGuffin Admx
Page 190; Joshua HADLEY's Estate; Report Commissioners to value land
Page 191; Joshua HADLEY's Estate; Report Land Sale; J. V. McGuffin Testamentary Guad
Pages 249-250; David B. FLOYD; Petitioner E. Floyd Exr.
Pages 250-252; D. B. & W. T. Floyds Estates; Report of Commissioners of Partition
Pages 266-267; Joshua HADLEY's Heirs; Annual Exhibit; J. V. McGuffin Guad
Page 354; G. H. HADLEY; Annual Exhibit; D. P. Hadley Guad.
Pages 414-415; John MARTIN Estate; Annual Exhibit; O. H. P. Hill Adm.
Pages 415-416; John F. MARTIN Heirs; Exhibit; O. H. P. Hill Guad.
Pages 436-437; D. B. FLOYD Estate; Report Sale; E. Floyd Exr.
Pages 497-498; David B. FLOYD Estate; Inventory; Elisha Floyd Exr.
Pages 514-516; Joyce V. MCGUFFIN; Last Will & Testament
Page 523; James V. FLOYD Minor
Page 525; James V. FLOYD Estate; Petition
Page 526; Anthony D. K. HADLEY minor; Bond; OHP Hill Guard.
Pages 527-531; Anthony D. K. HADLEY; Inventory; OHP Hill Guard.
Pages 534-537; Joshua HADLEY Heirs; Petition for Partition; OHP Hill et al
Page 538; Joshua HADLEY Heirs; Petition for Guardianship; OHP Hill et al
Pages 550 - 552; Joyce V. MCGUFFIN Estate; Inventory Appraisement; Elisha Floyd Exr.
Pages 562-563; Joshua HADLEY Heirs; Report of Commissioners; OHP Hill et al Guards
Pages 564-574; Joshua HADLEY Heirs; Petition to set aside Report of Commissioners; Caroline Hill
Pages 577-580; John F. Martin Estate
Page 650; Sale of A. D. K. Hadley's Land [318 3/4 acres in Joshua Hadley's hearight filed 1st Jany 1856]
Page 699; Joshua HADLEY Heirs; To Receipts OHP Hill guard ADK Hadley

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Pages 72-73

Joshua Hadley Minors } State of Texas
By {Petition for sale of Land} Grimes County
J. T. McGuffin Guad.}

To the Honble. Geo. M. Patrick chief justice for said County.

The petition of Joice V. McGuffin who is testamentary guardian of the minor chidren Joshua Hadley, a deaf mute and others, Loan to her by her former deceased husband Joshua Hadley & would most respectfully show to your honor, that by the last will of her said husband as will appear from the records of the County Clerks office, to which reference is made the principle part of his estate was left to her care and management for the support of family and education of the said minor children, and oweing to the fact of there being no suitable institution within our own State for such as are alike unfortunate as the said Joshua, she has been compelled in order that he might receive an education to send him to the State of Kentucky in doing which she has already involved herself, and has no hope of realizing a sufficiency after defraying family expenses to continue him at School from the proceeds of farm.

Believing it to be indespensible to the welfare of said minor that he should be continued at School in Ky for at least two or three years, and knowing of no means whereby to defray his expenses amounting for board, tuition, medical attentions & clothing to about One Hundred Fifty Dollars per annum, and believing it wholly impossible to realize that amount from the Plantation and work of hands, the only resource for money, she would most respectfully urge upon the consideration of the Court a sale of a portion of headright league of her said Deceased husband lying in Grimes County and all that portion lying East of the main Huntsville Road, in acres about Three Hundred acres.

Page 73

She would further show to the court that although there is a male share or amount say about 150 coming to and already received by her from the estate of T. K. Hadley Dec'd as the portion of said unfortunate son of T. K. Hadley's Estate, she cannot diem (?) it equitable that, that should be expended for his education when the other minors are being educated and maintained from the general property above referred to - and should the court require the amount to be approperated it is apparent that it would only suffice for one year, Wherefore and no view of all the facts of the case she prays the court to make an order authorizing her to sell as by law is provided by the guarding (?)of land above indicated of said headright and that it be sold upon such terms as will enable her to meet the next advance payments to said institution which freely due on the first of May next, and as in duty she will ever pray & c.

J. V. McGuffin
by _____
L. Lawrence

Acknowledged and
sworn to before me
this October 30th, AD 1854
T. G. Chatham Clk
CCGC Filed September the 26th AD 1854 Clk

Submitted by Vickye White [vickye@usaonline.net]


Page 135

David B. Floyd Estate } State of Texas County of
By{Petition for Probating } Grimes
will & appointing executor } To the Hon. Geo. M. Patrick
by E. Floyd }
Judge of the County Court of Grimes County setting as a court of Probate & c.

Your petitioner Elisha Floyd would represent unto your honor that on the _____ day of November last his nephew David B. Floyd, formerly a resident of the County and State aforesaid departed this life leaving property and valuable effects -

Petitioner would further show that said decedent left no written will or testament so far as he knows, but that he verbally and orally in his bad illness called certain persons to witness the manner in which he desired his property to be distributed after his death, thus creating a noncupative will.

Your Petitioner therefore prays that said will be admitted to Probate at the ensueing term of your honors, and on the probating of the same he be created executor thereof. And for the furtherance of this end he prays that that you cite Joshua Hadley, Wm. B. Hadley and Anthony D. Hadley they being the interesting heirs of decedent to appear at the next term and contest this application if they think proper. And so in duty he will ever pray.

Filed Dec 13th 1854 E Floyd by Atty L & H (?)


Page 136

David B. Floyd } The will of David B. Floyd
By}Last Will & Testament } as proved by Mrs. Joice McGuffin, Jas Floyd and Elizabeth McGuffin, said Floyd having departed this life in Grimes County on the ninth day of November AD 1854, which will, according to the requirements of the law is as follows, by Mrs. McGuffin - To Jas Floyd & his full bro he gave and bequeathed one half of his property and a set of gold shirt buttons, and a gold pin/pen [if pin, the i isn't dotted] and one finger ring. To his half brother Joshua H. Hadley he gave the remaining half of his estate excepting and reserving from his estate, previous to this equal distribution in two months, the following and special legacies. To his mother, Joice V. McGuffin he gave his riding horse and two finger rings - To Wm. Hadley his half brother he gave his saddle - We Joice V. McGuffin and Elizabeth McGuffin & Jas Floyd do solemnly swear that the above & foregoing contains a full and correct statement of the noncupative will of David B. Floyd made in his last sickness, and within ten days previous to his death, and that we were called upon to witness the same as his will, and that he departed this life the 9th day of November AD 1854.

Sworn before me in open
court Dec 26, 1854 Geo M. Patrick, Chief Justice
Filed Dec 26th 1854

Joyce V. McGuffin
James S. Floyd [should be James V.]
Mary E. McGuffin


Page 137

D. B. Floyd Est. } State of Texas County of Grimes
By}Bond } Know by these presents that we
E. Floyd Admr. } Elisha Floyd as principle and H.
H. Boggess and W. J. Chandler as securities are held and firmly bond unto the Chief Justice of the County of Grimes in the sum of six thousand Dollars; for the payment of which well and truly to be made, we bind ourselves our heirs executors and administrators jointly and severally firmly by these presents the consideration of this obligation is such that whereas the above burden (?) E. Floyd has been appointed by the Chief Justice of the County of Grimes administrator with the will _____ of the estate of David B. Floyd decd. Now if the said Elisha Floyd shall well & truly perform all the duties required of him under said appointment then this obligation shall be null and void, otherwise to remain in full force and effect - Signed with our hands and sealed with our seals, the seals being ______ this 27th day of December AD 1854.

Elisha Floyd {seal}
H. H. Boggess {seal}
W. J. Chandler {seal}

Acknowledged before me
and approved the date above

I do solemnly swear that the writing which has been offered for probate is the last will of David B. Floyd, so fas as I know as believe and that I will well and truly perform all the duties of administrator of said estate with the will _______ to the best of my skill and ability - sworn to and subscribed before me this 27th day of December AD 1854.

Elisha Floyd

J. G. Chatham Clk
CCGC
Filed 27 Dec 1854

Submitted by Vickye White [vickye@usaonline.net]


Page 181

Josh Hadley's Estate } State of Texas
by}Payments made & c } Grimes County
Joyce V. McGuffin admtx } County Court July Term 1851 -

Succession of Joshua Hadley Deced ~ The adminstratrix J. V. McGuffin by Attorney J. Lawrence respectfully submits to court the following showing of payments made to creditors by order of court made at Term 1851 To wit
Number

 
 
No 1    H. Fanthrop            $56.28
 " 2    J. Scott                51.80
 " 3    D. E. Dickson           60.50
 " 4    U. F. Case               3.00
 " 5    Mc. I. O. McKissac       6.40
 " 6    B. B. Goodrich          12.64
 " 7    J. R. Kennard            8.00
 " 8    Z. M. Wade               7.00
 " 9    O. H. P. Hill           16.00
 "10    W. H. Fowler            29.13
 "11    D. McGuffins Estate     64.05
 "12    J. Lawrence             15.00
                               329.80
Amt Sale of Negro Hester       445.50
Amt Rec'd of McGuffin Estate    24.92
Total in hand Admtx            470.42
Commission                     470.04  $423.38
Balance in hand Admtx                   93.58
Add for Error in Commission              7.03
                                      $100.61
 

I James Lawrence Att. for J. V. McGuffin admtx Estate of J. Hadley Dec'd do solemnly swear the above is a true and faithful exhibit of Estate to the best of my knowledge and belief so help me God.

 
 
Sworn to and subscribed                              J. Lawrence
before me in open court {
this 28th July AD 1851 {                      Filed 28th July 1851
John R. Kennard      {                         (clerk unreadable)
Chief Justice Grimes Co {

Submitted by Vickye White [vickye@usaonline.net]


Page 182

Joshua Hadley's Estate } State of Tex County of Grimes
by{Report $150~ } To the Honble. J. R. Kennard
Joyce V. McGuffin admtx } Chief Just said County ~

The adminstratrix of Estate of J (possible D or F here but unclear) Hadley Dec'd would respectfully show that since the filing of her last showing of payments of debts that she has received $150 One Hundred and fifty-Dollars which together with amount previously in hand will be or quite sufficient to pay the residue of claims against said estate.

The succession cannot well be closed at this time in consequence of a bond in hand for land the title for which will probably be made soon.

Praying and order for the payment - of money in hand to creditors the above is respectfully submitted.

 
                                                     Joyce V. McGuffin
Filed 24th Nov 1851                           Admtx Estate of J. H dec'd
G. B. Reed Clerk C.C.G.C.                     by Att J. Lawrence

Submitted by Vickye White [vickye@usaonline.net]


Pages 182-184

 
Page 182
 
Joshua Hadley Estate } Joice V. McGuffin Admx of Joshua
By{Exhibit 1852 } Hadley Dec'd In a/c with County
J. V. McGuffin Admx } Court Grimes County To April term 1852

 

_er amt Rec'd of       A. G. Perry                    $75.00

"       "       "       J. B. Harris(Goodrich ?)       26.66

"       "       "       McGuffin Estate on note               29.92

"       "       "       On Sale Negro girl Hester      495.50

                       Hill & others on settlement    150.00

In hands of Admtx to be collect "note on"

Sam McGuffin & J. B. Harris balance due (unreadable)

 

Page 183

 

 1. By cash paid Taxes for receipt                   $ 43.38

 2. "   "       Judgement D. E. Harper Etl              11.10

 3.            D. E. Harper to Goodrich Receipt        20.00

 4.            H. Fanthrorp                          114.59

 5.            James Scott                             85.93

 6.            D. E. Dickson                           60.50

 7.            U. F. Case                               6.00

 8.            Mc I. T. McKissack                      13.40

 9.            B. B. Goodrich                          25.28

10.            J. R. Kennard                           16.00

11.            J. M. Wade                               7.00

12.            O. H. P. Hill                           32.00

13.            W. H. Fowler                            29.13

14.            J. Lawrence                             15.00

15.            J. B. Harris                            29.19

16.            Samuel McGuffin Estate                130.66

17.            Co Court Fee's                          53.33

                                                     $772.08

               Deduct Amt. Rec'd                     722.08

                                                     $ 50.00

        Deduct amt of court fees to

        March/52 not paid -- (Chief Justice)            13.45

                                                     $ 36.65

 

The State of Texas } To the Honble. County Court sd.

Grimes County } County

 

        The above statement is submitted as a full showing of the acts of the admtx

and but for the bond of J. McCown for land she would apply for a discharge that

matter remaining unsettled she deemed it best that the administration be continued

until title be made.  The amt due her cash advanced in settlement of estate she

prays to be ordered by the court that it stand as an approved and allowed claim

against said estate to be paid out of first available funds & as in duty & c.

 

                                      Joice V. McGuffin admtx Est J Hadley

                                      By Atty J. Lawrence

 

Page 184

 

State of Texas }I James Lawrence Attorney for J. V.

Grimes County } McGuffin do solemnly swear that the

above is full and true exhibit of the acts of said adminstratrix in the

settlement of said estate to the best of my knowledge and belief

                                      J Lawrence Atty for J. V. McGuffin Admitx

Sworn to and subscribed

before me the 21st day of April 1852

               Jno R Kennard Chief Justice Grimes Co

Filed 26th April 1852          D. B. Reed Clk   C.C.G.C.

 

Submitted by Vickye White [vickye@usaonline.net]


Pages 184-186

Page 184

Joshua Hadley Estate } The State of Texas
By{Report of Coms. } County of Kaufman
of Partition }

Whereas at the December Term 1853 of the County Court of Grimes County in said State

It was ordered that Wm. Raye James McCarty and Adam Au______ be and are hereby approved commissioners to partition and divide Eleven hundred and seven acres of land lying in Kaufman County ~ which was deeded to estate or heirs of Joshua Hadley by the executrix of James McCron dec'd ~ into two equitable shares of the following proportions, to wit.
Setting one equitable third of said tract to Alexander Lacy & two thirds thereof to the said heirs or estate of Hadley dcd c make a plat c field notes thereof. We the under signed commissioners appointed as aforesaid having examined said tract of land it being a part of a 1280 acre tract patented to James McCann as assignee of Simon Peter Heath and situated in Hunt & Kaufman Countys do hereby set apart and allot to Alexander Lacy

Page 185

369 acres thereof bounded and described as follows to wit: Beginning 2688 vara North West from the South East corner of saied Survey on the South West boundary line thereof from which _____ distant and _____ other ___ _____ varas distant each marker

Thence running north 45 East 1200 twelve hundred varas to corner Thence North one thousand and fifty to the North boundary of said survey ~ Thence West with said North Boundary line thirteen hundred and fifty threee more to corner on South West boundary line of said 1280 acre survey. Thence South East with said line __ ___ to the beginning corner as an equal and equitable third thereof ~ and we do hereby set apart and allot to the said heirs of Estate of Joshua Hadley Decd. 738 acres of said land bounded and described as follows -- ~ beginning at the South East or beginning corner of said 1280 acre survey. Thence running North West with the South West boundary line of said tract ninety-six hundred and eighty eight vacant corner past from which a ____ bears _____ ____ distant and a _____ bears _____ _____ distant each marker -- Thence North East twelve hundred _____ to corner. Thence North one hundred and fifty _____ to corner on the North boundary line of said survey. Thence East one thousand & fifty _____ to the North East corner of said survey or tract of land. Thence South Thirty Eight hundred _____ to the beginning corner as an equal & equitable two third part of said eleven hundred & seven acres.

In evidence of which we have herewith set our hands this day of __________ 1854.

Adam Sullevant - ??? (several signature unreadable)

Page 186

The State of Texas
County of Kaufman

I Wm. Gebbard Notary Public of Kaufman County of the State of Texas do certify that the within and foregoing report was sworn to & subscribed before me this the 6th day May AD 1854 by the persons whose signatures are appointed to said report. In witness whereof I hereunto subscribe my name with seal of office inscribed this day & date above written.

{seal of Kaufman Co} Wm. Gebbard NP

[Plat of land]

Filed 5th August 1854

G. M. Mooring Clerk
by J. M. Bookman Depty

Submitted by Vickye White [vickye@usaonline.net]


Pages 186-187

Page 186

Joshua Hadley Estate } State of Texas Grimes County
By{Petition for Partition } In County Court Decbr Term 1853
Alx Lacy } To the Honble Geo. M. Patrick Chief Justice in and for said County in Probate -

The petition of A. Lacy a citizen of Montgomery County Texas to whom by decree of your honorable court was given or ordered to be conveyed by the Admx of Estate of Joshua Hadley Decd, One third part of the Eleven hundred and seven acres of land deeded to said estate by the Exctr of

Page 187

James McConn Dec'd would show to the court that he is desirous of having the said third part of said tract set apart by metes and bounds, wherefore to pray the court to appoint commissioners as by law is provided to be vested with authority to divide said tract of land situate in Kaufman Cty Texas as by said decree was contimplated. Petitioner would further show that he is joined in this application by the J. V. McGuffin the said Hadley Admx. Referring to records and descriptions of said lands as contained in patent on file. He prays a division in same, and in duty he will ever pray.

Alx. Lacy
J. V. McGuffin Admx
of Hadly Dec'd

By Atty J. Lawrence
Filed 28 Decr 1853

G. M. Morring Clerk
By Jas R. Kennard Dep

Submitted by Vickye White [vickye@usaonline.net]


Pages 187-189

Page 187

Joshua Hadley Estate } State of Texas Grimes County
By{Final Exhibit } To the Honble Geo M. Patrick Chief
J. V. McGuffin Admx } Justice for said County in Probate

The admx of the Estate of Joshua Hadley dec'd would show to the court as an amendment to her last exhibit. Filed April Term 1852 that she has since then received from

 
Estate of Samuel McGuffin dec'd                                      $ 49.82
To which add amt receipts as per former exhibit say
                                                              722.08
               Gives as Total Receipts                               $771.92
And that she has also since that time paid out and expended
for a/c of said estate the following sums to wit:
        To G. M. Patrick on claims                            $ 11.13
         " Reed & Kennard Court Fees                            22.91
         " Carried forward                                      34.04
 
Page 188
 
        To Amount Brought Forward                             $ 34.04
         " E. Floyd Taxes 3 years                               31.33
         " Attorney defending suit of Hill and
           others to ______ will                                50.00
         " Smith & Terrell for Lumber                           71.75
         " Cawthon W. c _____ for nails & c                     18.35
         " M. N. Taylor for work & repairs                     144.00
           To which amts add payments made
           per last Exhibit including ___ & c Lacy             758.63
         " Court Fees & Expenses to date, to be paid            85.00
        To Balance of Commissioners                             25.00
         " J. Lawrence Fee's for }
           Service in settling Estate }                                100.00
               Gives as Total payments                              $1318.37
               From which deduct Recpts                       771.92 
               Shows balance in her favor of                 $ 546.45

The foregoing is submited to the court in connection with her former exhitit as a full and complete showing of all her acts as adminstratrix aforesaid from which it appears that she has paid out and expended per account of said Estate the sum of _______ dollars over and above the amount received which she prays maybe considered & adjusted by the court so justly due and placed to her credit on final settlement and distribution of her said deceased husbands Estate to the court in reference to the amts paid for Lumber, nails, and work that the conditions of the buildings from natural decay was such that in order to avoid their entire destruction and loss from the cause aforesaid the said expenditure became absolutely necessary and as it will excuse to the benefit of the heirs generally she deems it but just that they be taxed as aforesaid in final distribution for the amount thus expended as well as for other payments

Page 189

on a/c of said estate ~ All of which is respectfully submitted as her final ac court praying that she be fully and finally discharged from said administration, and as in duty she will ever pray & c

 
 
                                      Joice V. McGuffin
                                      by Atty J. Lawrence
I James Lawrence Atty for J. V. McGuffin do
solemnly swear . . .
 
Filed 28 Feby 1855
__________     Clk
Filed 28th Feby 1855
 
J. Hadley Estate
By{Petition of discharge
J. V. McGuffin Admix
 
        Jany Term 1855
        Joyce basically asked court for final discharge of estate next
        term of court.  She be discharged.
               Filed 31st January 1855

Submitted by Vickye White [vickye@usaonline.net]


Page 190

Joshua Hadley Estate } State of Texas County of Grimes
By{Report Coms } We the undersigned Commissioners
to value land } appointed by the County of Grimes to
value a certain tract of land, ordered sold by said Court out of the Headright league of land granted Joshua Hadley Dec'd for the Education of Joshua Hadley a minor heir of said Decd beg leave to report that we have had the same surveyed by ?. I. Case, but are unable to return plat or field notes as they are not yet made out --but that M ______ has promised to file them in a few days. He says that the same as Three Hundred acres -- and 392 acres including the entire tract on the east side of said road ____ which we value at two dollars per acre.

M. L. Kennard
J. W. Jenkins

Swear - swore etc
Filed Dec 23rd 1852 J. G. Chatham Clk

Submitted by Vickye White [vickye@usaonline.net]


Page 191

Joshua Hadley Estate } State of Texas
By{Report Land Sale } Grimes County
J. V. McGuffin Testamentary Guad } To the Honble Geo M.
Patrick Chief Justice of said County in Probate ~ The undersigned would most respectfully beg leaf to report to your honor that in persuance of the order and decree of your honorable court made and entered at the Novbr term there of AD 1854, in the matter of her application for the Sale of that portion of the headright league of Joshua Hadley Dec'd lying east of the Huntsville Road in area about three hundred acres. For the education and keeping at school her unfortunate son Joshua Hadley a deaf mute, the said tract having been surveyed the field notes of which we herewith file and appraised in conformity with the requirement of Said decree by the commissioners therein named which Said act is also herewith submitted. She did on the first Tuesday in January last after due & legal notice offer the same at public sale before the CourtHouse door in Anderson when and where Harvey Brigance bid for said land Two & 15/100 Dollars per acre, which being the highest and best bid offered he was declared the purchaser of the same. All of which is respectfully submitted to the Court for such further order and decree as to the court may seem legal and proper.

Joice V. McGuffin
by Atty J. Lawrence

State of Texas } I Joice V. McGuffin Testamentary guad
County of Grimes }
of Joshua Hadley minor heir of Joshua Hadley Dec'd do solemnly swear that the matters and things as set forth in the above and forthgoing report of sale of land are strictly true to the best of my knowledge & belief so help me God.

Joice V. McGuffin
by Atty Jno Wm Hutchison

Sworn & subscribed before me in open court this 30th Jany 1855
Geo. M. Patrick Chief Justice: Filed Jany 30, 1855 Clk

Submitted by Vickye White [vickye@usaonline.net]


Pages 249-250

Page 249

David B. Floyd } State of Texas Grimes County
By{Petitioner } To the Honble Geo M. Patrick Chief Justice
E. Floyd Exr } for said County in Probate.

In the matter of the inventory this day filed by the undersigned as executor of David B. Floyd Dec'd. He begs leave to show the court that the father of the said David B. departed this life in 1839 intestate possessed of the Negro property therein embraced as his separate property -- And of the lands as Community - between himself and widow J. V. McGuffin formerly Floyd that by the law at that time she was entitled to one half the community - and a life estate in one third of the Negroes at that time 3 (three) in number the others being their increase. The other and only heirs of said Wm. T. Floyd were the sd D. B. Floyd James Floyd - Letters of admtr were taken out and finally closde in Montgomery County without a distribution of sd property to Said heirs by the appointment of the said Joyce McGuffin of the persons of and estate of sd children D. B. & James - That the said Guardian inventoried as the property of said children all of the Lands & Negroes aforesaid excepting one half of a bounty land certificate for 1280 acres granted to Henry Hayes claiming one half of it as her separate property - That during the period of years through which her guardianship extended she by her official acts recognised all of said property as belonging to said children and she new by her formal deed as is herewith shown relinquishes all her right to said Estate with exceptions as therein stated (to which refer) to her said son James and his half Brother Joshua Hadley.

That since the death of D. B. one of the said children and establishment of his will it will appear to the Court That said Estate of Wm T. Floyd Decd it having been owned jointly by the said D. B. & James (the lifetime of the former) should be separated into two equal shares subject to the control of the said Joyce V. extent excepted in new ____ (no idea the word)

Page 250

ment. The one as that of James and other as that of his Testator from which latter ____ there must be taken and set apart a sufficiency to pay his debts and the expenses of adminstration estimated at Four Hundred Dollars and the residue to be divided excepting special bequests/as is directed by the last will of the said D. B. Dec'd.

From above state of facts the executor believes that it must result in such a division as will give James Floyd three fourths of sd estate and to Joshua Hadley one of the divisions named in the will of sd D. B. one half of his portion after payments of debts & c that is to say one fourth of said William T. Floyd Estate.

Wherefore petitioner prays the appointment of Commissioners to appraise and divide said property in the manner above indicated and such other ordered as to the Court may see necessary to carry into effect the last will and testament of the said David B.

All of which is respectfully submitted in connection with his said inventory.

Elisha Floyd
By Atty Lawrence ? Hutchison

Filed 31st Jany 1855
J. G. Chatham Clk

Submitted by Vickye White [vickye@usaonline.net]


Pages 250-252

Page 250

DB & W. T. Floyds Estates } State of Texas Grimes County
By{Report of Comms of Partition } To the Hon. G. M. Patrick
Chief Justice of the County aforesaid -- In conforming with the provisions and directions of a decree of your honor. court to appraise and partition the estates of Wm. T. Floyd and David Floyd decedents we the undersigned acting as Commissioners by virtue of your official appoint-

Page 251

ment to effect said objects beg to submit our report -

In pursuance of such decree and order of your commissioners appraised the property named and directed therin as follows -

First William Floyds undivided estate

 
        To Wit:
1280 acres bounty land certificate valued at                 $ 384.00
        Woman Betsy  worthless                                   00.00
        Woman Emily                                            1000.00
        Boy Nathan                                              500.00
        Woman Winika ?                                          875.00
        Boy Glaster                                             300.00
        Girl Martha                                             200.00
        Squire child                                            125.00
        His cattle                                              360.00
 
David B. Floyd's Separate property as per Inventory
        Sorrell Mare                                            100.00
        700 lbs. of cotton                                       42.00
        Saddle Bridle - c                                        10.00
        3 Shirt Buttons or Studs                                  3.00
        2 Finger Rings                                            2.00
 
Which concludes the appraisement as per order of your Commissioners
then in presence of directions of your order proceeded to divide and 
partition the Slaves as above appraised in conformity as to persons
and proportional shares with the order as aforesaid.
 
To Joice V. McGuffin formerly Floyd we give the negroes Emily
& Betsy.
 
To James Floyd
        Winika  Martha
        Glaster Squire
 
To Joshua Hadley
        Nathan
 
Page 252
 
All of which is respectfully submitted
        W E. Kennard         }
        J. W. Jenkins        } Commissioners
        James R. Bennett     }
 
26th day of Feby A.D. 1855
 
I D. P. Hadley Guardian ad literim for the minor heirs James
Floyd & Joshua Hadley in the above division do recommend the
adoption of the same to the Court believing the interest of said
minors are fully secured thereby.
                       
                                      D. P. Hadley guardian ad lit
Filed 28th day Feby 1855

Submitted by Vickye White [vickye@usaonline.net]


Pages 266-267

Page 266

Joshua Hadley's Heirs } J. V. McGuffin Guad. for Joshua
By } Annual Exhibit } Wm. B. and A. D. Hadley minor
J. V. McGuffin Guad } heirs of Joshua Hadley Decd In
account current with her said wards for the year AD 1854.

 
The guad. charges herself with the land as per
     Inventory on file in Clerks office                      $405.00
     And to the amount of cash as per Exhibit
     for the year 1853                                   478.24
She charges herself with Interest $478.14 at}
     8 percent from 1st Jany/54 to 1st Jany/55}           38.17
She further charges herself with the amt
     of the note against G. B. Reed and thus $13.63
     with interest to the 1st Jany 55/57                  15.20
                                                        $935.61
 
The guad. would represent to the court that she has advanced all of the
amount belonging to her ward Joshua Hadley to place him at school and 
the court to allow the same with interest for the year AD 1854 as the 
money was advanced early in the year.
 
        The amt being                  $175.60
               Interest                 14.04
        By feed (?) to G. B. Reed          3.80
                                        $193.44
 
Page 267
 
I J. V. McGuffin guad. for Joshua Wm. B. and A. D. Hadley minor heirs of 
Joshua Hadley Decd. do Solemnly swear that the foregoing account current 
contains a correct Statement of the receipts and disbursements made and 
had in said guardianship of said heirs for the year A.D. 1854.
                                      Joice V. McGuffin Guad.
Sworn to and etc.
before me this 30th day of Jany 1855    Filed same day.

Submitted by Vickye White [vickye@usaonline.net]


Page 354

G. H. Hadley non ces mon
D. P. Hadley Guad.
Annual Exhibit acc current

(Shows shape of Grantham's estate having $752.41 1/2 cash in hand ) Filed 26 March AD 1855

Submitted by Vickye White [vickye@usaonline.net]


Page 414

 
John Martin Estate } State of Texas County of Grimes
By } Annual Exhibit } To the Hon Geo M. Patrick Chief
OHP Hill ? Adm } Justice of Said County, and by offices
Judge of the County Court for the probate of Widdo ? Caroline Hill 
by OHP Hill Admx of the Estate of John F. Martin decd. would make 
the following Exhibit of the conditions of the negro property of 
said estate, To Wit:
        The suit that was commenced in the District Court of this
County C. S. Walsen? Admt of Chas Bud? Decd. for part of the negroes 
belonging to this Estate is still pending in Court.
        She is chargeable with the said property as shown in her last
exhibit to the amount of five thousand and twenty five 
dollars.                                      $ 50.25
        The admt. paid the taxes on said
negro's for the year 1854 as per
voucher #73 E. Floyd's desd. Col ?              18.00
  "     #74 Geo M. Patrick Ch. J.  hect ? -
  "     #75 J. G. Chatham Co co Ch ?                .50
for which same ? claims a credit                $ 18.50
and charges the estate with the same
and asks for a continuation of this case until the suit is
decided.
 
        I OHP Hill admr. of the Estate of John F. Martin dec'd do 
solemnly swear the foregoing contains a full and complete exhibit of 
 
Page 415
 
the condition of said estate, and of the receipts and disbursements
had in same.
Sworn to & subscribed                 OHP Hill
before me this 1st                    C. Hill
day of May 1855        Filed May 1st AD 1855
J. G. Chatham Clerk    J. G. Chatham Clerk

Submitted by Vickye White [vickye@usaonline.net]


Page 415
John F. Martin Heirs } State of Texas Grimes County
By } Exhibit } To the Hon. Geo. M. Patrick C. J. of G. C.
OPH Hill Guard. } of said County and ? officers Judges of the
County Court for Probate of Wills & c. OHP Hill Guardian of William A. Winston?, John F. Martin and Margaret O. Martin minor heirs of John F. Martin dec'd would make the following exhibit of the condition of the estate of his said wards.
The Guard. charges himself with assets set forth in his inventory of property belonging to his said wards of the 1st of July 1853 amounting to the sum of $9,278.00.

 
The Guardian his wards with the following sums for which
he claims a credit as per vouchers exhibited
Voucher No. 10 The Geo. Edwards kept for tuition }
                   for spring term 1854 }            $49.50
     "      11    Geo Edwards receipt for tuition }
                  & book for fall term 1854 }         44.25
     "      12    E. Floyd decd ? ? keeps for }
                  taxes for 1854 }                    13.68
     "      13    Geo. M. Patrick Ch J Receipt
     "      14    J. G. Chatham Clk C. Co G. Co Rect   1.09
Making the sum of ------                            $108.82
 
OPH Hill Guard. of said minors swears etc etc
 
Page 416
 
Filed & sworn to 1st day of May 1855
Filed same       Chatham Ck

Submitted by Vickye White [vickye@usaonline.net]


Page 436
D. B. Floyd Estate } State of Texas Grimes County
By } Report Sale } To the Hon Geo. M. Patrick Chief Justice
E. Floyd Exr. } in Probate. E. Floyd Exr. of the last will of D. B. Floyd deceased would beg leave to submit a report of sales made in accordance with a decreed order of your court at some previous term - after having given the legal notice of 10 days and posting at three public places on 29th May inst (1855) and between the hours of 10 o'clock A.M. & 4:00 P.M. he proceeded to offer for sale at Public out cry at the residence of Joice V. McGuffin's the following property the purchasers as ?

 
        3 cows & calves to G. E. Sanderson  $12.25 ea         $ 36.75
        21 head of cattle to Wm. Hoke         7.60 ea          159.60
The chance of cows at Chaney's to J. Floyd    2.20                      2.20
The purchasers all giving bond with security                 $198.55
for the purchase money on a credit of twelve months.
 
Previous to the above reported sale, To Wit: on the 1st day of May
inst (1855) at Anderson between the same hours and same manner he sold
the following 1280 acres Land certificate to Samuel McGown at
24 cents per acre                     $307.20
776 lbs of ginned cotton to S. McGown
at 7 1/4 cents per lb                 $ 56.26
the cotton being sold for cash and the certificate on a credit of 
twelve (12) months with security.  All of which he prays your Honorable 
Court may be cinfirmed and ratified and such other order as
may appear fit.
        He would show unto the Court that but one half of the above cattle 
belong to the estate of D. B. Floyd the remaining half owned by his brother
James Floyd and the certificate is owned one half Mrs. McGuffin and the
other half in equal proportion to the deceased and his brother the
said James.
        The certificate from above reported as Sold had a blank
assignment from Henry Hay the grantee wherefore the court will discover
no neces-
 
Page 437
 
sity for a formal deed to the purchaser but simply a transfer
& filling with his name and asks the court so to order.  All of
which he submits
                               Lawrence Hutcheson for Petitioner
 
I  E. Floyd do solemnly swear . . .
Sworn & filed May 29th 1855   J. G. Chatham Clk.

Submitted by Vickye White [vickye@usaonline.net]


Page 497

 
David B. Floyd Estate } State of Texas Grimes County
By } Inventory } Inventory and appraisment of the
Elisha Floyd Ext. } undivided and joint property of David
B. Floyd Dec'd and James Floyd to wit:
        1108 acres in Polk County }
        portion? of the headright of W. Nash }
        1476 acres in Fayette County from }
        the headright of Jas M. Andrews }
        640 acres in Kinric? County }
        to the heirs of Wm. T. Floyd }
An interest in 1280 acre bounty }
land certificate }                                  384.00
 
Page 498
 
Slaves
Old Betty  80 years old                             000.00
    Emily  24   "    "                             1000.00
Nathaniel   7   "    "                              500.00
Minila     20   "    "                              875.00
Glaster     4 years old                             200.00
Martha      2   "    "                              200.00
Squire      6 months old                            125.00
About 60 head of cattle                             360.00
 
Separate Property of Deceased David B. Floyd
 
One Sorrell Mare                                   $100.00
700 lbs of cotton or there abouts                    42.00
One mans saddle and bridle & c.                      10.00
3 shirt buttons or studs                              3.00
2 Finger rings                                        2.00
 
I Elisha Floyd Ext of the noncupative will of David B. Floyd do solemnly 
swear . . .
        Sworn to subscribed & filed
        31st day of Jany 1855

Submitted by Vickye White [vickye@usaonline.net]


Page 514
Joyce V. McGuffin} State of Texas County of Grimes
Last Will & Testament} Will of Joyce V. McGuffin

I Joyce V. McGuffin of the State & County aforesaid do make and publish this my last will and Testament and hereby revoking and making void all former will by me at any time made; and

First: I direct that body be decently entered at the berrying ground at Mrs. Sarah Kennards in a plain manner And as to such worldly estate as it has pleased God to intrust me I dispose of as follows to wit:

Firstly I direct that all my just debts be paid as soon after my desease as possible from the procedes of my growing crop, the cotton I direct shall be sold by my Executor in the town of Houston I also direct that all my property not herin named shall also be sold by said Executor and applied to the payment of my just debts.

Secondly I give to my son James V. Floyd my Road? Wagon he paying to my three younger children herein named twenty dollars in twelve months and also I give him one feather bed and furniture with a bed stid.

Thirdly I give to my son Joshua H. Hadley a mare and cattle known as his by my family and also three ewe sheep, and also one feather bed furniture and bed stid.

Fourthly I give to my son William B. Hadley the stock cattle sheep and colt known as his by the family and also one feather bed, furniture and bed stid.

Fifthly I give to my son Anthony D. Hadley the stock known as his one colt, five head of stock cattle and three ewe sheep and also one feather bed furniture with head stid.

Sixthly I give to Elizabeth McGuffin one cow and calf and my side saddle.

Seventhly I direct that my two brood mares (Mary & Ball or Bell) together with the horses given Joshua, William B., and Anthony D. Hadley shall be left

Page 515

to the care and keeping of Wm. E. Kennard of Grimes County to rase from until Joshua shall become of age there the two mares and their increase to be equally divided between my said sons.

Eighthly I direct that after paying my just debts that the proceeds of all my property not named above shall be equally divided between Joshua, William and Anthony

Ninethly I do hereby make appoint and ordain my Friend Elisha Floyd Executor of this my last will and Testament, without being bonded and direct and desire that he dispose of my effects not disposed of in this will at Public or private Sale, and to settle my debts and business as he may think best.

Tenthly I direct that the Probate Court have no further control than to Probate, register and Inventory this my last Will and Testament

Eleventhly and it is my desire that my said Executor have control of my son Joshua H. Hadley and that my said Executor have control of the means of my son for his education.

In Witness whereof I Joyce V. McGuffin the testatrix set my hand and seal using scroll this the 4th day of September A.D. 1855.

Joyce V. McGuffin {seal}

Signed, Sealed and }
delivered in the presence }
of us }
W. E. Kennard
W. W. Thompson

The State of Texas}
County of Grimes}

Personally appeared in open court W. E. Kennard one of the subscribing witnesses to the written and directs attached writing preporting to be the last Will and Testament of Joyce V. McGuffin Dec'd who upon being duly sworn deposeth and saith that he saw the Testatrix sign said Instrument of writing and that she called upon him and W. W.

Page 516

Thompson the other subscribing witness to witness the same and that she acknowledged the same to be her last Will & Testament, and that he the said Kennard, with the witness Above named signed the same at the request of said Testatrix, as witnesses in her presence & in the presence of each other. Witness further states that the said Testatrix was at the time of signing the same of sound mind and disposing manner?

W. E. Kennard

Sworn to and Subscribed
in open court 24th September
1855 before me
J. G. Chatham Clerk C. C. G. C.

I E. Floyd do solemnly swear that the writing which has been offered for probate is the last Will & Testament of Joyce V. McGuffin Dec'd so far as I know or believe & that I will well and truely perform all the duties of Executor of the said last Will & Testament of the said Joyce V. McGuffin Dec'd.

Sworn to & subscribed } Elisha Floyd
before me in open court }
September 24th 1855 }
J. G. Chatham Clerk }

Admitted to Probate on the testimony of W. E. Kennard and ordered to be recorded Sept. 24th 1855.

Geo. M. Patrick
Chief Justice
Grimes County

Filed 24th of Sept 1855

J. G. Chatham Clerk

Submitted by Vickye White [vickye@usaonline.net]


Page 523
Bond making Elisha Floyd Guardian of James V. Floyd with D. P. Hadley & OHP Hill as securities for sum of six thousand dollars.
Filed 24 day Sept 1855

Submitted by Vickye White [vickye@usaonline.net]


Page 525
James V. Floyd Estate } Asking court for commissioners
Petitioning for court to } to divide Emily. Emily was the
divide negro } separate property of Joyce V. McGuffin
from William T. Floyd Estate. James V. Floyd is entitled to3/4 and Joshua Hadley to the other portion of Emily (Value $1000.00 31st Jan 1855)
Filed 25th Sept 1855

Submitted by Vickye White [vickye@usaonline.net]


Page 526
Anthony D. K. Hadley minor } OHP Hill put up bond
By } Bond } as guard. of Anthony D. K. Hadley
OHP Hill Guard } with Elisha Floyd & D. P.
Hadley as securities in the amount of Three Thousand Dollars . . .
Bond filed 24th Day Sept 1855 Grimes Co. Tx

Submitted by Vickye White [vickye@usaonline.net]


Page 527
Anthony D. K. Hadley } An inventory of the property and
By } Inventory } effects real and personal belonging
OHP Hill } to the Estate of Joshua Hadley deceased
out of which Anthony D. K. Hadley a minor and heir at law of said Joshua Hadley is entitled (under the provision of the will of said Hadley) to a "support" from the 20th day of 1855 to the 20th day of June 1859, say for the time of three years and nine months being the remainder or un____ time of fourteen years named in the will of said Hadley and in the residue of which property said minor has an undivided interest and is entitled to draw an equal share of one seventh of Said Estate, To wit:

 
One Negro Woman Letty suppose to be about }
        75 years old and is quite infirm }             $  00.00
One Negro Woman Celie suppose to be }
        about 42 years old }                             600.00
One Negro girl Julia about 11 years old                  500.00
One Negro Woman Betsy suppose to be
        about 30 years old                               750.00
One Negro boy Wash about 18 years old
        (Lame in one hip)                                650.00
One tract of land Homestead 2638 acres
Less sold by order of Court (County) on 3rd
day of April 1849   600 acres         }
Sold on 1st Tuesday in January        }
1855 by order of court (county) 300 A } 200?
Leaving unsold 1738 acres at $ 4 per acre               6952.00
One Tract of land lying in Kaufman
County being 2/3 of the Headright of S. P. Heath, 1/4
of a League or 738 acres at $150/100 per acre           1007.00
One Negro boy Jack about 9 years old                     425.00
 "    "    "  George "   6   "    "                      325.00
 "    "    "  Sam    "   4   "    "                      250.00
One Negro Girl Kitty "   5   "    "                      300.00
 "    "    "   Mary  "   3   "    "                      225.00
Two notes on Harvey Brigance for sale
of three hundred acres of land sold by order
of County Court (when due not known) for the 
sum of                                                   645.00
                                                     $12,629.00

Page 528

By the will of Joshua Hadley Dec'd the Land (Homestead) and above named negroes were left in the care and charge of Joyce Hadley to make a support for the minors Joshua H., William B., and Anthony D. K. Hadley by producing crops & c. therefore the guardian is of the opinion that said minors have an interest in the present crop for their support of at least two fifths of what of the crop may be on hand after paying M. Thompson the overseer his interest in same and after paying that portion of the boy Bill that Mrs. McGuffin is bound for, the value of which cannot be at present accurately ascertained as the crop is to be gathered and divided

The Estate above described has an in ______ upon it, in favor of Mrs. Joice V. McGuffin late adminstratix of said estate as allowed by the County Court at the February term 1855 for the sum of $546.45

There is also the following named property that belonged to said Joshua Hadley Dec'd and was during life willed and delivered to the following named heirs and appraised by the appraisors of said estate at the amounts named for which said named heirs are to render an account upon a final distribution of the Estate.
To Wit:

 
500 acres of land bequeathed to D. P. Hadley of }
which he has possession by Deed 3rd Oct 1843 }             $500.00
606 acres of land bequeathed to Caroline Martin
of which she ahs possession by J. L. Bennett's bond
at ____ (which bequest was lost to said C. Martin
by the bond's not having been ____ in the
life time of the Testator, and the attorney
for the Admtr. of said Bennets refusing to
acknowledge it or make title)                               303.00
500 acres of land bequeathed to H. F.
        Hadley (Henry T.)                                     
320 acres of land bequeathed to Grantham H.
        Hadley lying on the Navisota, Soldiers
        claim  4/-                                          160.00
One Negro girl name Sidney bequeathed to }
        Caroline Martin }                                   220.00
One Negro girl named June bequeathed to 
        D. P. Hadley                                        350.00
One negro boy named Bob bequeathed to H. F. Hadley          300.00
 
Page 529
Said minor has also an undivided interest of one third
in the following mans as inherited from the estate of
T. K. Hadley Dec'd.
400 acres of land in T. K. Hadleys headright of 1/3 League
of land in Trinity County and valued by commissioners
to partition same at $405. 1/3 of which is              $195.00
Cash in the hands of J. V. McGuffin former }
Guardian, as shown in her Exhibit of 1st January }
1855 $531.61   1/3 of which is  }                        177.20 1/3
 
There was willed to said minor by J. V. McGuffin
his mother an interest of one third part of $20, to
be paid him and his two brothers in twelve months
by Jas. V. Floyd  1/3 is                                   6.66 2/3
 
One s__kling horse colt of Brown color }
        now in charge of W. E. Kennard }                  25.00
5 head stock cattle (branded DF)                          33.00
3 head ewe sheep                                           7.50
One feather bed, furniture & bed sted                     30.00
 
By the will of Mrs. Joyce V. McGuffin she directed that her two brood
mares (Mary & Ball) with the horse given to Joshua, Wm. B. and Anthony
D. K. Hadley be left in the care and keeping of Wm. E. Kennard,
to raise from until Joshua becomes of age, then the whole
to be equally divided between the three sons --
Mary valued at $100 - Ball at $80 - and the horse at $50 - 
 
We the undersigned appraisers do solemnly swear that the above & 
foregoing appraisement is a fair and just valuation of the property and
effects therein named, belonging to the estate of Anthony D. K. Hadley,
a minor, to the best of our knowledge and judgement
Sworn to & subscribed          Reuben W. Bennett
before me Sept 28th 1855       James K. Bennett
J. G. Chatham Clerk            J. W. Jenkins
 
I OHP Hill Guardian of the person & property of the minor D. K. Hadley
do solemnly swear that the foregoing list and statement enumerates &
exhibits a showing of all the property belong-
 
Page 530
 
ing to the Estate of my said ward that has come to my knowledge or
possession
Sworn to & subscribed }            OHP Hill
before me Sept 28th 1855 }
J. G. Chatham Clerk }
        Filed 28th Sept 1855     J. G. Chatham Clerk
 
Page 530  Joshua Hadley minor bond by Elisha Floyd as guardian.
        OHP Hill & D. P. Hadley sureties on Six thousand dollars bond.
               Filed Sept 24th 1855
 
Page 531  Wm. Hadley bond for D. P. Hadley Guardian. OHP Hill
        & E. Floyd sureties on Three Thousand Dollar bond.
               Filed 24 Sept 1855

Submitted by Vickye White [vickye@usaonline.net]


Page 534
Joshua Hadley Heirs } State of Texas County of Grimes
By } Petition for Partition } To the Honorable Geo. M. Patrick Chief
OHP Hill et all, guad } Justice of the County Court in said
County & State.

Your Petitioners would respectively show to your Honor, that Joshua Hadley Dec'd, the father of partitioners, did during his life time, to wit: on the 20th day of June 1845, made and execute his last Will and Testament, which was duly probated and admitted to record in the Probate Court in the County of Montgomery, on the 30th day of September 1845, in which he disposed of his estate to your petitioners in the manner therein named as your honor may see by refference to a certified copy of said Will herewith handed your honor for refference. Said Testator willed and bequeathed to a part of your petitioners being his first set of children, sundry, negroes, lands and stock therin named that was their rightful property by decent from their deceased mother

Page 535

Obedience Hadley, which property they were forced to have exempted from the control of the administratrix of said estate by a decree of the honorable District Court held for the County of Grimes at the fall term 1851 or 1854 (can't read the number vhw) a certified copy of which is submitted for the inspection of your Honor. That by the Will of said testator a portion of his estate therein specified was left "in the care and keeping of Joice Hadley his wife for the support of " his minor children Joshua ? Wm. B. and Anthony D. K. Hadley "for the time of fourteen years and then to be equally divided between all his children by each child rendering in the value of the property that him or them have received." Your petitioners would further show that Mrs. Joyce V. McGuffin formerly Joyce Hadley has had charge of the property left for the support of said minors up to the 11th day of September 1855 at which time she departed this life and for several years before her death she acted as administratrix of said Estate and that in the month of February last she presented to your court her final account with said Estate and ask for and obtained a discharge from her said Administration thereby leaving said estate without any legal administration. That Testator made no provision in his will for the management of his Estate, or for Guardians for his minors in case that Joyce Hadley should not survive him for the time of fourteen years: therefore the death of Mrs. Joyce V. McGuffin made it necessary for your Court to appoint Guardians for said minors who are of the opinion that it will not be practicable now to the interest of said minors to carry out the provisions of the Will so as to keep them on the place and attempt to make a support for them with the hands now on it, as the place would have to be restocked with teams, tools, and provisions, and at least one negro man would have to be hired to keep the place in repairs and the whole place under the charge of an overseer which we believe would involve the place in a heavy debt over and above what could be made on it.

Your Petitioners would further represent to your Honor that OHP Hill guardian of Anthony D. K. Hadley one of said minors has deemed it his duty to return to your Court an Inventory of the property of said Testator, together with the undivided interest his said ward has

Page 536

in and to the same, which Inventory we believe contains a correct description of said estate and by which act he has laid a foundation that will give him the controls of the whole estate or bring him into collision with the other heirs, who are Caroline Hill, Grantham H. Hadley - no compus ment? Denny P. Hadley Henry F. Hadley, Joshua H. Hadley & Wm. B. Hadley to present which and in said order that each heir may have his or her proper interest in Said Estate properly and clearly defined and free from the controls of all others we the heirs aforesaid do by ourselves and our proper guardians petition your Honor to take the whole matter into consideration and adjust it between us in accordance with the spirit and interest of the Will of the Testator, excepting so far as the Decree of the D.C. annulled said will. (DC District Court vhw)

First by discharging the debt due Mrs. Joyce V. McGuffin late admtx. for the sum of $546.45 by transferring a sufficiency of said amount to Wm. B. and Anthony D. K. Hadley to pay each of them the sum of $177.20 1/3 with interest there on from 1st January 1855, until partition is made being the amount due them from her as their former Guardian and the remainder of said debt to be divided among all the heirs, and by them paid to E. Floyd Executor of Joyce V. McGuffin. Then order that alike same [sum?] be set apart of the general Estate for Joshua H. Hadley to reinstate him for funds of his own that he inherited from the Estate of T. K. Hadley Dec'd, which his Guardian used to support him in School - Then ascertain and set apart a sum sufficient to support each of the minors for the unexpired term of fourteen years, and add the same to their shares to be drawn from the estate.

Then ascertain the amount and character of the advances that have been made to the several heirs and the interest each heir has in the Estate and order a partition and distribution of the estate to be made and appoint Commissioners to appraise, partition and distribute the same Authorizing them to allot to Joshua H. Hadley as a part of his share Harvey Brigance notes given for 300 acres of land sold for his support if his Guardian is willing to accept it so the Last way of raising means to keep him in School. And in as much as Mrs. Joyce V. McGuffin was under the cessity of contracting debts for Blacksmithing and supplies for the common family while the -

Page 537

their crop was being made as well as medical bills during her last illness and as there was no separate accounts kept between the different interest by which it can be ascertained what amount or part of said debts should be paid by the Estate, and we believing that the interest claimed in the crop by said Guardian for the estate would amount to but little if any more then would pay said proposition of said debts, are therefore willing and do hereby release unto E. Floyd executor of the Estate of Joyce V. McGuffin dec'd. all our interest, right, title, and claim in and to said crop upon condition he use it for the payment of said debts and will receive it in full payment and satisfaction of all claims held by said Joyce V. McGuffin against said Estate except the claims due her as admintrx to above mentioned.
And your petitioners will ever pray & c.
Anderson Octr 2nd 1855
Carolina Hill
D. P. Hadley Guardian of
W. B. Hadley
G. H. Hadley
D. P. Hadley
H. F. Hadley
OHP Hill Guardian of
A. D. K. Hadley
Elisha Floyd Guardian of
Joshua H. Hadley

I E. Floyd guardian of Joshua H. Hadley and Executor of the last will of Joyce V. McGuffin Dec'd do hereby accept of the att__ment of Harvey Brigance two notes to my said ward and also of the transfer of the interest the Estate of Joshua Hadley dec'd had in and to the crop on the condition above named
Oct 2nd 1855 Elisha Floyd Gua'd for Joshua Hadley

Filed 12th October 1855
J. G. Chatham Clerk

Submitted by Vickye White [vickye@usaonline.net]


Page 538
Joshua Hadley Heirs } The State of Texas County of Grimes
By } Petition for Guardianship }
OHP Hill et al } September 13th, 1855
To the Honorable Geo M. Patrick Chief Justice in and of said county we your Petitioners would respectively show to your Honor that Mrs. Joyce McGuffin late widow of Joshua Hadley dec'd departed this life on the 11th instance leaving three sons to wit: Joshua Hadley aged about fourteen years old now in the State of Kentucky, William Hadley aged about twelve years old now at D. P. Hadleys, and Anthony D. K. Hadley aged about Ten years old, now at O H Hill's that said children are all minors and heirs at law of Joshua Hadley dec'd that they are left without any natural guardian or legal protector therefore we severally pray to be appointed Guardians of the persons and property of said minors as follows.
E. Floyd to be guardian to Joshua Hadley (a mute)
D. P. Hadley guardian of William Hadley &
O P H Hill Guardian of A. D. K. Hadley -
and your petitioners will ever pray & c.

O H P Hill
Elisha Floyd
D. P. Hadley

Filed 13th September 1855
J. G. Chathem Clerk

Submitted by Vickye White [vickye@usaonline.net]


Pages 550 - 552

Joyce V. McGuffin Estate } Inventory & Appraisement
by } Inventory & Appraisement } of the property of the
Elisha Floyd Exr } Estate of Joyce McGuffin dec'd

Page 550

Various items listed on this page adding up to $1246.75

Page 551

Additional items listed to bring total to $2320.90

Special Behest of the Will
To James Floyd
1 Wagon $80._ 1 Bedstead, bed & bedding $30; $110.00

To Elizabeth McGuffin
1 cow & calf $13 1 side saddle $5; 18.00

Joshua Hadley
2 pr steers $50.00 - 9 Head cattle $58.50; 108.50
1 mare & colt $40 - 3 head sheep $6; 46.00
1 Bedstead, Bed, Bedding; 30.00
His interest in Mary & Ball filly; 58.33

William Hadley
1 Bedstead, bed & furniture; 30.00
5 head of cattle $32.50 - 12 head of sheep $24.00; 56.50
3 year old colt; 25.00
His interest in Mary & Ball filly; 58.33

Anthony D. K. Hadley
1 Bed, Bedstead & furniture; 30.00
5 Head cattle $32.50 - 3 Head sheep $6 - colt $25; 63.50
His Interest in Mary & Ball filly; 58.33

I Elisha Floyd Executor of the Estate of Joyce V. McGuffin Dec'd do solemnly swear that the foregoing shows a full & complete List and Inventory of all the property & claims belonging to the said estate of my said Testator so far as the same has come to my knowledge or suspicion.

Sworn to & subscribed} Elisha Floyd
before Oct 29th 1855}
J. G. Chatham Clk}

Page 552

We the undersigned appraisers appointed by the county court to appraise the property of Joyce V. McGuffin Dec'd do solemnly swear that the foregoing appraisement is a just and fair valutation of the property therin named, to the best of our Knowledge and belief -

Sworn to and } J. W. Jenkins
subscribed before me} N. L. Kennard
October 31st 1855}
J. G. Chatham Clerk}
Filed October 31st 1855 J. G. Chatham Clerk

Petition to correct error for James V. Floyd Basically slave woman Emily is the sole property of James V. Floyd - she Emily was from the William T. Floyd Estate so Joshua Hadley deaf mute has no interest coming in slave Emily
Filed 30 Oct 1855

Submitted by Vickye White [vickye@usaonline.net]


Page 562
Joshua Hadley Heirs } State of Texas County of Grimes
By } Petition to set aside } To the Honorable George M. Patrick
Report of Commissioners } Chief Justice of the County Court of
Caroline Hill } Said County & State.

The Petition of Caroline Hill one of the distributees of the Estate of Joshua Hadley Dec'd by her husband O H P Hill would respectfully show to your Honor that the partition made by S. M. Garwin

Page 563

J. W. Jenkins and R. W. Bennett Commissioners appointed by your Honor to partition the Estate of said Joshua Hadley Dec'd is unequal in its opperation and contrary to the express wishes of the Heirs ~ It is unequal in its opperations because the Commissioners valued - the homestead at $6,952.00 as a whole then valued portions at other and different prices per acre, and then decided what portion of the tract each Distributee should receive his share out of, then they reduced the value of the whole tract of land to $6,339.51 and ordered division to be ____ then appraised each division separately, making the aggragate value of $6,464.77 and then declared which tract of land each Distributee should receive thereby causing some of the distributees to receive more land than their interest entitled them to, and leaving them indepted to the other heirs contrary to the expressed wish of the Heirs. One of the Lots of land they valued at one time at $3.36 at another time at $2.50 and again and finally at $1 - another lot they valued at one time at $3.36 at another time at $3.50 and finally at $2.25. Another lot they valued at one time at 3.83 at another time at $3.84 and finally at $2 per acre and so of the other tracts showing that they had no fixed __er of the value of the land but was governed by any circumstances that presented itself to them at the time and that their appraisement and partiion is not reliable. And the lot of land allotted to your Petitioner amounts to the sum of $505.__ more than her interest in the estate which sum of money she has no ____ of discharging without manifest prejudice to her general estate. Therefore your Petitioner would ask that their Partition and report be set aside. And your Petetioner will ever pray & c.

Carolina Hill
By OHP Hill
Filed 27th Nov 1855 J. G. Chatham Clerk CCGC
by W. R. Richardson Deputy

Submitted by Vickye White [vickye@usaonline.net]


Page 564
Joshua Hadley Heirs } The State of Texas } by } Report of Commissioners } County of Grimes } OHP Hill et al Guards } To the Honorable Geo M } Patrick Chief Justice of the County Court of the Probate of wills of in and for said County and State.

In Obedience to a decree of the Honorable County Courts for the Probate of Wills of Grimes County made at the October term thereof in the year 1855 appointing James Bennett, R. W. Bennett, J. W. Jenkins, S. M. Garwin, and John P. Roan Commissioners of partition and distribution to partition the Estate of Joshua Hadley deceased ____. We beg leave to make the following

 
                       Reports
        We met at the Place commonly known as Rocky Hill being the 
headright league of land belonging to the deceased where we examined 
said tract of land and the negroes belonging to said estate and made 
the following appraisemnt of their value
 
        One tract of land lying in Kaufman County being 2/3rd of Simon P. 
Heath's headright of 1/4 league of lands containing 738 acres of land 
at $1 per acre                                    $ 738.00
 
        One tract of land being the remainder of the headright league
of Joshua Haldey Dec'd lying in this County containing 1881 acres
of land valued in lots at the aggregate sum of ~  $6464.77
 
        One negro woman Letty suppose to be 
about 75 years old and quite infirm                  00.00
        One negro woman Celia suppose to be 
about 42 years old                                $ 600.00
        One Negro girl Fillis about 11 years old    500.00
                       Betsy        30              750.00
        One Negro boy Wash          18 
                               lame in one hip      650.00
              "       Jack    about  9 years old    425.00
            "       George         6    "           325.00
            "       Sam            4    "           250.00
        One Negro girl Kitty    "    5    "         300.00
            "        Mary     "    3    "           225.00
                       Amount Taken over       $11,227.77   
 
Page 565
 
               Amount Brought over             $11,227.77
        Two notes on Harvey Brigance for            645.00
        Making the aggragate sum of              11,872.77
        Which is chargeable with the following sums
 
Allowance made to A. D. K. Hadley and W. B. Hadley by the
Court the sum of $197.92 each in part payment of the
amount due from Joyce V. McGuffin their late Guardian
due her from the estate $389.84                $   389.84
        Leaving a balance of $2,237 2/3 to be paid by each
of the other distributees to E. Floyd Executor of Joyce V.
McGuffin Dec'd.
        Allowance made by the Court to Joshua H. Hadley
Wm. B. Hadley and A. D. K. Hadley each the sum of
$562.35 for their support and education $1687.54}_254.39 1/2
        Leaving the sum of                       $9618.22 2/3
 
We have examined the partition and plat made by us and returned to 
the court on the 26th Nov 1855 and are of the opinion that the 
partition or division __is represented on said plat cannot be 
materially changed without making lot #3 on said plat so long
and narrow as to diminish its value to the distributee to a sum
below what we are willing to appraise it at therefore we do not
believe said lot susceptible of being partitioned with the other
lands without manifest injury to a part of the distributees and 
therefore we deduct said lot no. 3 containing 318 3/4 acres
valued at the sum of $ 1,593.75 from the above amount and recommend 
that it be sold and the proceeds applied to pay off such of the heirs 
as have drawn less than their share                159.375
        Leaving the sum of                       $8024.47 2/5?
to which we add the advances that
have been made to the heirs ~ to wit ~
 
Page 566
 
           Amount brought over               $  8024.47 2/3
      D. P. Hadley in land & Negroes             850.00
      Caroline Martin (now Hill) negro girl      220.00
      G. H. Hadley in land                       160.00
      H. F. Hadley in land & negroes             800.00  
      Making the sum of                      $10,054.47 2/3 
      to be divided into even equal shares of$ 1,436.35 2/3
 
        The heirs that are of age having expressed a wish that
the minors Joshua H. Wm. B. and A. D. K. Hadley should each be
allowed to draw one of the grown and one of the young negroes
apiece we divided the negroes into six lots putting two in to three
lots each and one into each of the other these lots having the 
old woman Letty out of the partition as being of no value and
then draw lots between heirs of like shares when Joshua H. Hadley
drew Celia and Fillis at the sum of          $ 1,100.00
And Wm B. Hadley drew Wash & Jack at           1,075.00
And A. D. K. Hadley drew Betsy & George at     1,075.00
And G. H. Hadley drew Kitty at                   300.00
And D. P. Hadley drew Mary at                    225.00
And Caroline Hill drew Tom at                    250.00
 
        We then divided the Homestead or Rocky Hill tract of
land to seven lots of land as numbered on the plat of said
tract from No 1 to 7 inclusive and appraised them sepparately
agreeably to their quality and position as follows -
        Lot #1
Containing 157 1/2 acres at 1 $4 per acre making    $  606.00
        Lot #2
Containing 281 3/4 acres at 1 $4.50 per acre making $1,267.87 1/2
        Lot #3
Containing 318 3/4 acres at $5 per acre making      $1,553.75
        Lot #4
Containing 318 3/4 acres at $4 per acre making      $1,275.00
        Lot #5
Containing 389 1/4 acres at $2 per acre making      $  778.50
        Lot #6
Containing 236 3/8 acres at $2.25 per acre making   $  572.40
        Lot #7
Containing 184 acres, 101 acres at $1 maing $?
      and 83 acres at $3.75 per acre making         $  311.75
And the two lot making together                        412.25
 
Which we allotted to the heirs as named in their several accounts
Then state accounts with the heirs as follows
 
      Joshua H. Hadley share as above               $1,436.35 2/7
and amount of allowance to reimburse heirs             177.20 1/3
and amount of allowance for support and education      562.50
                        Making the sum of           $2,176.05 1/2
 
      Then charge him with H. Brigance notes        $  645.00
           Negro woman Celia at                        600.00
                        Amount taken over           $1,245.00 -
                               $2,176.05 1/2
 
Page 567
 
            Amount bro't over      $1,245.00 | $2,176.05 1/2
      Negro girl Fillis at            500.00 |
      Lot of land #6 at               532.40 |  2,277.90
      Shows he has overdrawn the sum of ~    |    101.34 1/2
 
      Wm B. Hadley's share as above                 $1,436.35 2/7
      Add amount due him from J. V. McGuffin           184.82
      Add amount for his support & education           562.50
            Making the sum of                        2,192.77 2/7
 
      Charge him with boy Wash at  $  650.00    |
      Negro boy Jack at               425.00    |
      Lot of Land #2 at             1,267.871/2 | $2,342.87 1/2
            Shows he has overdrawn sum of ~     |    149.10
 
      Anthony D. K. Hadley share as above           $1,436.35 2/7
      Add amount due from J. V. McGuffin               184.82
      Add amount for support & Education               562.50
            Making the sum of ~                      2, 193.77 2/7
 
      Charge him with the Negro woman Betty at $  750.00 |
      The Negro boy George at                     325.00 |
      Lot of land No. 4 at -                    1,275.00 | $2,350.00
            Shows he has overdrawn sum of                | $  156.22 5/7
 
      Grantham H. Hadley share as above                  | $1,436.35 2/3
      Charge him with amount of his allowance  $  160.00 |
      The negro girl Kitty at                     300.00 |
      Lot of land No. 1 at                        606.00 |  1,066.00
            Balance due him ~                              $  370.35 2/3 
 
        D. P. Hadley share as above                      | $1,436.35 2/7
        Charge him with amount of his allowance  $  850.00 |
        Negro girl Mary at                          225.00 |
        Lot of land #7 at                           412.25 |  1,487.25
        Shows that he has overdrawn the sum of             | $   50.89 5/7
 
        Caroline Hill share as above                       | $1,436.35 2/7
        Charge her with amount of her allowance  $  220.00 |
        Negro boy Sam at                            250.00 |
        the tract of land in Kaufman County         738.00 |  1,208.00
               Balance due her of                         | $  228.35 2/7
 
        Henry F. Hadley share as above                     | $1,436.35 2/7
        Charge him with amount of his advance    $  800.00 |
        Lot of land No. 5 at                        778.00 |  1,578.00
        Shows he has overdrawn the sum of                  | $  141.64 5/7
 
               Recapitulation of amts overdrawn
               Joshua H. Hadley has overdrawn               $  101.34 1/2
               Wm. B. Hadley has overdrawn                     149.10
                       Amount taken over                    $  250.44 1/2
 
Page 568
 
                       Amount bro't over                    $  250.44 1/2
               A. D. K. Hadley has overdrawn                   156.22 5/7
               D. P. Hadley has overdrawn                       50.89 5/7
               Henry F. Hadley has overdrawn                   141.64 5/7
                                      Total                $  599.21 1/2
 
               Amounts less their shares                  | 
        Caroline Hill Balance due her        $  228.35 2/7 |
        G. H. Hadley Balance due him            370.35 2/7 |
                                      Total   598.70 4/7 | $  598.70 4/7
               The two sums added together make           | $1,197.92

It is believed that Lot No. 3 out of the partition can be sold on time for money enough to make up the two deficiences and to swell their amounts to a sum equal to the largest amount overdrawn so that there need be but little if anything paid back by any of the heirs.
The heirs feeling it to be their duty to provide for the negro woman Letty who is considered of no value to the estate requested us to fix an annual allowance for her life which is to be paid equally by all the heirs to D. P. Hadley who agrees to take care of her which allowance we made at 27 50/100 per year making 3 93/100 to be paid by each of the heirs annually.

We here with present in connection with the above and foregoing report and as part of the same a plat of the Rocky Hill tract of land with division lines thereof and field notes for each lot or parcel of land therein designated and would also refer to a report now on file with the papers of this estate and recorded in Book L pages 184, 185, 186 Probate record for Grimes County. Which report contains a division of Simon P. Heathes headright of 1/4 league of land between James McCown Deed on Alexr Lacy and the heirs or estate of Joshua Hadley Decd. for a plat and field notes of the Kaufman County land containing 738 acres alloted to Carolina Hill to which reference is hereby made and made a part of this report.

Grimes County } Surveyed Nov 22 1855; 151 1/2 acres
State of Texas } of land situated on the S. W. corner of Joshua Hadley's headright league of land granted him by the Mexican Government.

Page 569

[Description of tract of land and plat]
Grimes County } Surveyed Nov 22, 1855
State of Texas } 281 3/4 acres of land situated in
the west end of Joshua Hadley's headright league of land granted to him by the Mexican Government beginning on the South boundary line . . . [description of land]

Page 570

[continuation of description of land and plat]

State of Texas Grimes County
Surveyed the 22 November 1855
318 3/4 acres of land situated in Joshua Hadley's headright league of land beginning on the south boundary at the SE corner . . . [description of land and plat]

Page 571

State of Texas } Surveyed November 22nd 1855
Grimes County } 318 3/4 acres of land situated in Joshua Hadley's headright league of land granted by the Mexican Government beginning on the South boundary of said league at a stake the SE corner . . . [description of land and plat]

State of Texas } Surveyed November 22nd 1855
Grimes County } 389 1/4 acres of land situate in Joshua Hadley headright league of land granted him by the Mexican Government. Beginning on the south boundary of said league at the SE corner . . . [description of land]

Page 572

[continuation of description of land and plat]

State of Texas } Surveyed November 21st 1855
Grimes County } 236 5/8 acres of land situated in Joshua Hadley headright league of land granted him by the Mexican Government beginning at D. P. Hadley's S. E. corner . . . [description of land]

Page 573

[continuation of description of land and plat]

State of Texas } Surveyed Nov 21st 1855
Grimes County } 184 acres of land situated in Joshua Hadleys headright league of land granted him by the Mexican Government beginning on D. P. Hadleys SW corner . . . [description of land]

Page 574

[Plot showing Joshua Hadley's league of land partitioned into 7 tracts]

Anderson Nov 16th 1855

 
The heirs of Joshua Hadley deceased to the following persons
      To S. M. Garver for 6 days labor as Commissioner
         of partition @ $2                               $ 12.00
 
      [page cut off]
 
      J W Jenkins for 8 days labor as Commissioner
         for partition @ $2                              $ 16.00
      R W Bennett for 8 days                               16.00
      G H A Whiting for 3 days @ $2                         6.00
      Wm L. Franklin for 9 days as surveyer @ $5 per day   45.00
                                                         $ 88.00
                                                       1/7 is 12.57 1/7
                                                         $ 12.57 1/7
 
Dec 1 1855
 
Everyone swears etc filed December 1st 1855[vhw]

Submitted by Vickye White [vickye@usaonline.net]


Page 699
Joshua Hadley Heirs } Received of OHP Hill Guardian
To Receipts } of A. D. K. Hadley the sum
OHP Hill guard ADK Hadley } of One Thousand six hundred Dollars and sixty three cents in full of my interest in the estate of Joshua Hadley decd. January 5th 1856 H. F. Hadley

Received of OHP Hill Guardian of A. D. K. Hadley two thousand three hundred and seventy eight Dollars and five cents in full of the interest that A. D. K. Hadley has in the estate of Joshua Hadley Decd. January 5, 1856 O H P Hill Guardian A.D.K. Hadley

Received from OHP Hill guardian of A.D.K. Hadley the sum of one thousand six hundred and seventy dollars and sixty three cents in full my interest in the Estate of Joshua Hadley Decd. January 5, 1856 Caroline Hill

Received of OHP Hill Guardian of A.D.K. Hadley the sum of one thousand six hundred and twenty dollars and sixty three cents in full my interest in the Estate of Joshua Hadley Decd and a like sum for each of my wards G. H. Hadley and Wm. B. Hadley. D. P. Hadley

Received of OHP Hill Guardian of A.D.K. Hadley the sum of two thousand three hundred and sixty dollars and thirty three cents in full of the interest that my ward J. W. Hadley has in the Estate of Joshua Hadley decd January 5, 1856. Elisha Floyd Guardian Joshua ? Hadley

Filed January 20th 1856 [rest of page cut off]

Submitted by Vickye White [vickye@usaonline.net]

Description: http://www.rootsweb.ancestry.com/~txgrimes/line5mar.gif

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