"PROBATE COURT LLANO COUNTY - January Term 1881
Be it remembered that there was begun and held at the Court House in
the town of Llano on the Third Monday, the 17th day of January, A. D. 1881
at regular time of the County Court of Llano County for the Probate Business:
Present - The Hon. John C. Oatman, County Judge
Presiding, E. R. Beeson, County Clerk and R. A. McInnis Sheriff Llano Co.
by B. F. Beeson, appt.
Matters of the estate of Ida and Albert Clark, Isaiah Clark,
Grdn. (guardian)
Ordered the guardian to collect the property of the minors estate and
a complete inventory of the same.
Sd guardian to file a new bond and a citation be issued. Further ordered
that Jesse Carter, A. B. Conner and Wes Calloway be appointed appraisers
of same, to the next term of court.
Court adjourned to tomorrow morning at 9.00 a.m.,
Tuesday, Jan. 18, 1881.
Present - same Judge and officers.
Estate of W. C. Chaudoin
dec.
Martha J. Chaudoin Admnx
The original bond of administration with inventory and appraisal record
of the Estate of W. C. Chaudoin dec'd was destroyed by fire on the night
of 17th Oct. 1880, in the burning of the clerk's office and county records
of Llano county. Ordered by the court that Martha J. Chaudoin, admx of
estate, file a new bond and a full and complete inventory and appraisement
of sd estate. And that citation issue to said Adminx in accordance
with the order.
Estate of W. C. Chaudoin, dec'd }
M. J. Chaudoin, Admx
} Approval of Claim against Estate
Ordered that the claim of C. W. Nelson against said estate, established
by suit in Dist. Court of Llano Co. consisting to sum of one hundred and
twenty dollars and five cents be approved and that the same be paid by
the Admx.
Estate of Minors
Ann and Emma Bader } Application for
}
Julius
Holling Grdn } Support of Minors } In this
case It is ordered by the court that the
estate of said minors pay to the Mother of same for their support the
interest on money loaned, not to
exceed eighty four dollars per annum.
Ann and
Emma Bader } Order to file a new bond
Fire at the courthouse on night of 17th Oct., 1880 destroyed the records.
Ordered that the Guardian file a new bond, etc. and citation issue for
same.
Estate
of Minors:
J.T., J.J., Eliza M. and Samuel C.
Backus, G. W. Gibson
Bond of guardian, inventory and annual account in this case destroyed by
fire on 17th Oct. 1880. New bond to be filed by guardian, G. W. Gibson,
etc. and citation issue.
Estate of Minors:
Aaron F. Moss
C. T. ? Moss, Guardian
Records of this case destroyed by same fire and ordered to be refiled.
Guardianship of Minors
Sanford, Celia and J. K. Backus Jr.
Mrs. Eliza A. Johnson, Grdn
Records of this case destroyed by same fire and ordered to be refiled
Estate of D. C. Cowan, dec'd
J. M. Allen, Admin.
18th day of Jan. 1881 comes J. M. Allen, Admin. report, under oath, of
sale of land of sd estate. report was approved and deeds to sd land to
be issued by admin.
Report of sale:
J. M. Allen in accordance with the order of the court, in the Sept. term,
1881, ordering him to first sell the personal property of the dec'd, and
then the real property, to pay the debts of the estate. A compass that
was unsaleable was returned to one of the heirs and a book was burned in
the fire of the clerk's office. The admin. sold the undivided 1/3 interest
of the estate, in the Joseph Moncke Survey # 3 in Llano Co, to Mr. Haynie,
for $53.33, cash in hand and reported to last court.
That part of the estate belonging to the Conrad Pope survey was sold
as follows:
To Alonzo Cowan, 15 acres at $2.00 per acre. (this was marked through)
1/2 in cash, 1/2 on time, not to exceed 12 months, with purchasers note
at 10 % interest.
[The surveyed description of the property is included, that I will
not post here at this time.]
60 acres of Conrad Pope survey was sold to W. O. Tow, in the same manner
on the same terms.
The balance of the marks and brands of D. C. Cowan were sold to G. P. Cowan for $12.00
(My note: this is odd, because the marks and brands are an inheritable item. If G. P. Cowan was an heir, he should not have had to buy them. If there were no heirs, then I suppose they could be sold to anyone )
Alford J. Beal bought the balance estate, of the Conrad Pope survey for $2.00 per acre. The amount of acreage being 100 acres.
Estate of Minor,
Lucy P. Lawson
by Mrs. Mary F. Walker, Grdn.
Records of this case lost by fire at the clerk's office and courthouse,
(17th Oct. 1880) and ordered to be refiled.
County Court Llano Co. Probate Business Called Term Mar. 4 1881
Honorable John J. Oatman, presiding - Present E. L. Houghton County
Attorney, for Plaintiff and W. A. H. Miller atty at law representing the
defendant by order of the court. R. A. McInnis Sheriff, and E. R. Beeson,
clerk, C. C. Llano Co.
State of Texas vs. Mrs. Leander Brooker- Matter of Lunacy
Complaint being made under oath of W. H. Brooker on the 3rd day of
March, 1881, before the county judge of Llano Co., warrant for arrest of
deft. issued returnable on the 4th day of March 1881, and a venire for
jurors was also issued.
4th day of March, deft. being brought into court,
the sheriff returned into court the venire issued for jurors and the attys
for deft and pltff announced being ready for trial whereupon the following
jurors were duly empanelled and sworn, to wit:
J. A. Swanson, G. Phillips, Jesse Holden, Henry Leverett, J. N. Jackson,
Henry Buttery and after the evidence was heard, the following facts were
submitted to the jury, by the county judge.
Is the defendant Mrs. Leander Brooker the defendant of unsound mind?
2nd. If the defendant is of unsound min is it necessary that she should
be placed under restraint.?
3rd. If you answer to both the foregoing questions is in the affirmative,
then what is the age and nativity of the defendant?
4th. How many attacks of insanity has she had and how long has the
present attack lasted?
5th. Is insanity hereditary in the family of defendant or not?
6th. Is the defendant possessed of any estate and if so of what does
it consist and it's estimated value?
7th. If the defendant is possessed of no estate are there any persons
legally liable fo her support? If yes, then name them.
And after consideration the evidence and the fact submitted the jury
returned into court the following verdict, to wit.
"We the jury return the following answers to the Special issues.
Question 1 - Yes
Question 2 - Yes
Question 3 - her age is 32 and she is a native of the state of Georgia
Question 4 - One attack and it has lasted for four months.
Question 5 - was in evidence that it was.
Question 6 - No estate whatsoever
Question 7 - No one legally authorized that is able."
J. N. Jackson, Foreman
It is therefore considered by the court that the Defendant Mrs. Leander
Brooker be adjudged as Lunatic and it is ordered that she be conveyed to
the Lunatic Asylum, in the state of Texas, at Austin, for restraint and
treatment upon Special Issues.
Ordered that J. A. Swanson, Jesse Holden, J. N. Jackson, J. G. Phillips,
Henry Leverett & Henry Buttery jurors, in the above case of lunacy
be allowed $1.00 each for attendance at this court.
Ordered that the court be adjourned.
John C.
Oatman, Co. Judge, Llano Co.
Estate of Minors
Ida and Albert Clark
Isaiah Clark, Guardian } Comes Isaiah Clark Guardian of the minors
Ida and Albert Clark and in accordance with a former order of court, submits
his new inventory of the property belonging to the estate of the said minors.
The same examined by the court, approved and recorded.
Estate of D. C. Cowan, dec'd
J. M. Allen, Admn } Report of sale of Land. ... In accordance
with the order of this court, etc. sale was fairly made and for the best
price that could be obtained for same and the sale being made under oath
of the said admin. and in conformity to order of court. Ordered by t that
sd sale be approved and confirmed. and the admin. execute a deed for same.
and report to be recorded.
Estate of D. C. Cowan
J. M. Allen, Admin. } Matter of substituting Records.
...in this case upon application of admin. at the last term of court
directing notice to be issued of said application ... it appearing that
such was issued and proper return made, buy the sheriff of Llano Co...and
coming into court to be heard and the same considered with proof of record
being made to the satisfaction of the court, of it's contents and kind
of papers and record destroyed, it is therefore ordered by the court that
the substituted copies of Bond Oath and Inventory of admin. and the order
to sell land belonging to said estate be and are substituted for the original
papers and record of same..
Estate of Minor
Lucy Ann Lawson
Mrs. Mary F. Walker, Guardian } New inventory.
In this case, ordered that the new inventory filed in conformity to
the order of court and the same approved, it is ordered by court that said
Guardian file a new bond as such guardian and that she proceed at once
to procure a patent to the land of said ward. and that citation issue in
accordance with order.
Estate of
Ann & Emma Bader
Julius Holling, Guardian } Citation to Guardian
to file a new bond and inventory.
To the sheriff or any constable, Greeting, you are hereby commanded
to summon Julius Holling, Guardian of the estate of Minors Ann and Emma
Bader to file a new bond as such guardian and also to return a new inventory
of said estate to the next term....etc. on the 3rd Monday Mar, 1881.
Test: E. R. Beeson, clerk of the court of Llano Co. and seal of same,
at my office in Llano this 5th day of Feb. 1881.
(In the originals follows more repetition of the above court records and requests for new bond and inventories on these same estates and the filing of them. I will pick up at the new information and names. If any of you are of these lines, let me know and I can get you copies of the originals of all this)
Estate of Minor
Susan G. Hunley
E. R. Beeson, Guardian } Final account
The undersigned guardian of the estate of Susan G. Hunley, minor now,
Susan G. Phillips, would respectfully represent that the records pertaining
to said estate and papers belonging to same were destroyed by fire in the
County Clerks office of Llano County on the night of Oct. 17th, 1880, that
as such Guardian he had paid over to said ward since her marriage &
prior to the destruction of said records all money remaining in his hands
and had delivered all other property to the said Susan G. Hunley, now Phillips
and for her husband James G. Phillips. The said ward and her husband have
been in possession of the real property belonging to estate for several
months and since then have managed, controlled and disposed of a portion
of same.
The amount and description fo said property is as follows:
( I won't extract all of that here, but as I said if you are interested,
please let me know)
160 acres known as the Miller place, a part of the J. C. Ragsdale League,
and disposed of, since marriage. A town lot # 18, Block # 16, in
Llano, taken by said ward and her husband in satisfaction of claim,
against G. W. Nelson.
....... said estate at the time of the marriage of the said Susan G.
Hunley except some money pad out by Guardian on debts assumed on account
of board, tuition and clothing of Minor while attending school away from
home and previously mentioned , reported to the court and approved. Wherefore,
Guardian prays that the foregoing be taken as a final settlement of said
estate and that he be discharged from said Guardianship.
E. R. Beeson,
Sworn to and subscribed before me this 22nd Mar. 1881
John C.
Oatman, Co. Judge, Llano Co.
We the undersigned hereby waive all notice and accept service of citation
of filing within final account
James G. Phillips
Susan G. Phillips
Abstracted Probate Records for Llano County
First of Series. © Sue Ashby- 2006
" Come to Hand, Feb. 5, 1881, and executed on the 3rd day of March 1881,
by delivering to the Julius Hollmig a true copy of the within.
R. A. McInnes, Constable
Estate of Minors:
J. C., J. J.,
Eliza M., & Sarah C. Backues - Citation
G. W. Gibson, Guardian
" The State of Texas"
Llano Co.
To the Sheriff or any Constable of Llano Co., Greetings.
You are hereby commanded to summon G. W. Gibson, guardian of the estate
of minors, J. C., J. J., Eliza M. and Sarah C. Backhues to file a new bond
as such guardian and return a new inventory and annual account of said
estate to the next term of the county court of Llano County for probate
business to begin and held at the courthouse in the town of Llano on the
3rd Monday in March, 1881.
By order of said court,
Herein fail not. Test, E. R. Beeson, clerk of the County Court of Llano
County, and seal of same at my office in Llano this 7 day of February A.
D. 1881.
E. R. Beeson, Clerk
Return:
"Come to hand on the 10th day of February 1881, and executed on the
18th day of February 1881 by delivering to G. W. Gibson a true copy of
the within.
R. A. McInnis, Sher. L. Co.
"Inventory"
Estate of John J., James T., Eliza M. & Sarah C. Backues
G. W. Gibson Guardian.
Now in this cause comes by G. W. Gibson Guardian of above named heirs
and in answer to the order of the court requiring him to file a new inventory
and bond would state that the property now on hand and belonging to said
minors is very small in amount and the expenses of procuring a new appraisement
and bond would take a very large proportion of said property to pay same
- and prays that he be not required to do same and that the following statement
of condition of said estate be taken in lieu thereof, to wit: That undersigned
G. W. Gibson, qualified as guardian of said Minors some time during
the year 1874 or early 1875, That he at that time, executed a good and
sufficient bond in the manner required by law with G. W. A. Latham and
B. M. Gibson as Securities - That the amount of the bond is not now remembered,
but that the property at that time turn over to said Guardian amount to
about three hundred ($300) Dollars in value, That said property consisted
of Cattle and horses and a Winchester gun & a six shooter. That said
gun and Six Shooter are still on hand - That of said horses received then
are now on hand belonging to said minors four heads - That of said cattle
(one cow and calf) {marked through) there are now on hand belonging to
said minors one cow and calf & That a portion of said stock have died
and strayed and that the Remainder (except Amount still on hand) has been
sold and proceeds appropriated to the support maintenance and education
of said Minors. ---
That said Sales of said Stock for the benefit of said minors covers
the period of time from the Granting of Letters at time above stated down
to the present time, and that it is impossible now for guardian to make
a statement showing all of said sales on account of the records of this
cause being burned. That the stock now on hand is valued as follows
to wit:
4 horses @ $15
$60.00
1 cow and calf -
$15.00
Gun and Six Shooter $15.00
Total $90.00
That Guardian received from F. W. A. Latham about the year 1875 $446.86
Rec'd from sale of cattle belonging to minors April, 1880
$120.00
--------------
Total $566.86
That of the amount of $566.86 Dollars received as above Guardian has
paid out for said minors the sum of
$183.87
Balance due estate
$382.99
That said minors still own a one half interest in the homestead of
their Dec'd father valued at $500.00
1/2 interest
$250.00
Amount of old inventory
$90.00
Amount of cash due estate $382.99
Real Estate
$250.00
-----------------
Total
$722.99
Guardian also holds a note for $775.72 against G. L. & W. T. Burnam
which is now out of date.
That said parties have had nothing out of which said debt could be
made and that the administrator, G. W. A. Latham did not collect or bring
suit on same and that there is no reasonable probability now of collecting
said debts.
G. W. Gibson
No} Estate of Minor Susan G. Hunley
33} E. R. Beeson, Guardian
Final Account
Filed March 25, 1881 - The undersigned Guardian of the
estate of Susan G. Hunley, minor, now Susan G. Phillips, would respectfully
present that the records pertaining to said estate and papers belonging
to same were destroyed by fire in the County Clerks office of Llano County
on the night of October 17th 1880. that as such Guardian he had paid over
to said ward since her marriage & prior to the destruction of said
records all money remaining in his hands and had delivered all other property
to the said Susan G. Hunley, now Phillips and her husband James G. Phillips,
The said ward and her husband have been in possession of the real property
belonging to estate for several months and since then have managed controlled
and disposed of a portion of same.
The amount and description of said property is as follows.
Amount of money paid to ward at one time $9.00
Amount of money paid to war at another time $185.00
Real property delivered
160 acres of land known as the Miller place a part of the J. C. Ragsdale
League in Llano County and fully described in several transfers & Same
disposed of since marriage of said ward, valued at $800.00
One town Lot in the town of Llano, known as lot No. 18, in Block No.
16. taken by said ward and her husband James G. Phillips in satisfaction
fo claim against G. W. Nelson and now held by said Ward and husband valued
at $400.00
Total value
$1394.00
That receipts were taken by Guardian from said Susan G. Phillips and
her said husband James G. Phillips but said receipts were destroyed by
fire and that the real estate has been received by said ward and her husband,
that the same is all the property belonging to said estate at the time
of the marriage of the said Susan G. Hunley except some money paid out
by Guardian on debts assumed on account of board tuition and clothing of
minor while attending school away from home and previously mentioned reported
to the court and approved.
Therefore, Guardian prays that the foregoing be taken as a final settlement
of said estate and that he be discharged from said Guardianship..
E. R. Beeson, Grdn.
Sworn to and subscribed before me this 23 day of March 1881
John C. Oatman
Co. Judge Llano County
We the undersigned hereby waive all notice and receipt service of citation
of filing within final account
James G. Phillips
Susan G. Phillips
Llano Texas, March 22nd 1881 - Received of E. R. Beeson Guardian of
the estate of Minor Susan G. Hunley, now Susan G. Phillips, since her intermarrying
with James G. Phillips the following described money and property
To wit, {Here the record repeats exactly, the data given by the guardian
and I won't type it again. }
No. 30
Estate of Minors Sanford, Celia and John K. Backues,} Citation to
Guardian and Notice of
Mrs. E. J. Johnson Guardian
} Annual Account
"The State of Texas } To the Sheriff or any Constable fo
Llano County, Greeting ! You are hereby
LLano County
} commended to summon Mrs. Eliza E. Johnson, Guardian of Minors
Sanford, Celia and J. K. Backues to file a new bond as such Guardian and
also to return a new inventory of said estate to the next term of the County
Court of Llano County for Probate Business, to be begun and held at the
Court House in the town of Llano on the 3rd Thursday in March, 1881
By Order of said Court (To be continued)