Be it remembered that on the 22nd day of February A.D. 1841 Being the last Monday in said Month the Probate Court for the County of Refugio met pursuant to adjournment.  Present the Hon. Benj. F. Neal, Judge of Probate, Charles Smith Constable and John W. B. McFarland Clerk pro tempore

John Armstrong admr
of est of J.C. Pierce decd.

Petition.

In this cause the petitioner having prayed for longer time to settle said estate - upon good ground being shown - it is ordered by the court that further time shall be granted to said Armstrong to obtain the necessary papers to make final settlement of said estate.

John Fagan admr.
of the Est. of Jhn Williams

In this cause the administrator being the legal representative of the Last will and Testament of John Williams decd and praying further time to make settlement of said estate - it is ordered by the court that the petitioners prayer be granted.

John Bower
vs.
Heirs of Elizabeth
OBrian [O'Brien] deceased.

Partition of estate.

Whereas a writ of partition was issued by the Clerk of the Probate Court of Refugio County directed to James B. Collinsworth Henry Ryals and Michael Fox, commissioners appointed by said Court at the September Term last -
Commanding said commissioners to make a fair & equal division of the estate of Elizabeth OBrian decd. between the heirs and legal representatives of said OBrian decd that is to say Morgan OBrian, John OBrian & John W. Bower and Bridget Bower late Bridget OBrian - And the said Commissioners having qualified themselves according to law, proceeded to the place designated as the land and premises of Elizabeth OBrian decd. and having called to their assistance the County Surveyor of said County have returned the following report and platt as follows, viz: -

Republic of Texas,  }
County of Refugio.  }

We the undersigned Commissioners in obedience to a write of partition to us directed and bearing date 15th day of Octr. 1840, commanding us to proceed to make partition of the estate of Elizabeth OBrian decd. into three equal parts, between Morgan O'Brien, John O.Brian and John W. Bower and Bridget Bower late Bridget O'Brian heirs and representatives of Elizabeth OBrian dec - Whereupon in order to enable us to discharge the duties assigned us and by power invested by section 40 of an act regulating the duties of Probate Courts, we called to our assistance John R. Talley, Surveyor of Refugio County to run the lines and do all surveying requisite to make the said partition into three equal parts containing 7,593,491 square varas each, for further particulars see plat and notes herewith annexed.  And we the commissioners having taken into consideration the true value of the several portions of land above mentioned do say and verily believe that Lot No. 3 as described on the plat here present is inferior in value to Lots No. 1 & 2 of sd. partition, on account of scarcity of Timber on said No. 3 - Therefore in order to do justice to all concerned, we consider it to be just and equitable, that a certificate for one labor of land granted to the heirs of said estate, above mentioned, by the Board of Land C. for R.C. and now in possession of John W. Bower admr. of said estate, also a title to one lot of land in the town of Refugio, that being a part of said estate, as presented by said administrator to us, be included in and make a part of Lot or portion No. 3 as described on said plat and field notes.  So in our belief to make portion or Lot No. 3 of said partition equal in value to lot No. 1 & 2 Thereupon, we having formed said estate into three portions according to said Writ to us directed.  We proceeded to distribute by lot the said three several portions to the three heirs said estate by placing three tickets in a box No. 1, 2 & 3 representing the three lots of land &c and in drawing them out, Thomas O'Brian drew lot or portion No. 1 as described on lat here present, John W. Bower and Bridget Bower drew No. 2 - Morgan OBrian drew portion of lot No. 3, all of which is most respectfully submitted to the Honorable probate Court of Refugio County.

We the undersigned commissioners do hereby certify that the foregoing partition was made by us according to our oaths and the best of our knowledge and ability.

In testimony whereof we have hereunto subscribed our names this 28th day of December A.D. 1840 and of the Texian Independence the 5th.

Commissioners
Henry Ryals
Michael Fox

[Note:  This report is followed by the metes and bounds description of the three portions along with a plat of each.  I have not included the descriptions herein.]

The above is a connected Map (or plat) of the above surveys which the three attached plat were taken, annexed to the several field notes.

Given under my hand at Refugio Nov. 23rd. 1840.

John r. Rally
Co. S. Refugio County.

Whereupon it is ordered decreed and adjudged by the Court, that the foregoing report of the Commissioners aforesaid be considered a fair, just and equal division of said estate, and that the several lots mentioned in said report as designated by the division lines on the plat thereto annexed be established and confirmed unto the said parties their heirs and assigns forever, that is to say.  Lot No. 1 to ______ OBrian, Lot No. 2 John W. Bower and his wife Bridget Bower late Bridge OBrian and Lot No. 3 together with the labor and Town Lot in Refugio to Morgan OBrian their heirs and assigns seperately (sic) and distinctly, free, clear and discharged of and from all estates, rights, titles, interests charges and incumbrances (sic)  whatsoever that they individually or collectively might have had to the aforesaid estate of Elizabeth OBrian decd. so far as the same touches their right previous to said division of the aforesaid estate, and it is therefore considered that the partition of said estate be held firm and effective forever 

Whereas the clerk of the Probate Court of Victoria County in accordance with an order of the Probate Court of Victoria County transferred and gave into the hands of the Clerk of the Probate Court of this County, certain papers and document (sic) belonging to estates administered upon in the aforesaid county, but of right belonging to Refugio Co.

Whereupon it is ordered that the same be entered on record and that the same proceedings be had thereon as required by law.

Letters of administration granted to Edwd. Linn at the March Term of the Probate Court of Victoria County 1838 - on the estate of Jas. Reynolds.

Letters of curatorship granted to John Dunn on the estate of Joshua Davis at the July Term of the Probate Court 1838 of Victoria County -

Letters of curatorship granted to Jeremiah OToole [O'Toole] on the estate of J.D. Reilly at the August Term 1838 of the Probate Court of Victoria County.

Letters of administration granted to Jeremiah OToole on the estate of M. Toole at the August Term 1838 of the Probate Court of Victoria County -

It is ordered that the court adjourn until court in course.

Benj. F. Neal
Judge of Probate R.C.