Austin Co., TX - Court: Grimes, Frederick Vs George 1849 ********************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/tx/txfiles.htm ********************************************************** File contributed for use in USGenWeb Archives by: Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 September 19, 2007, 5:00 pm Source: Probate Court Records Written: 1849 Probate Court June Term 1849 To the Hon Wm. Bradbury, Chief Justice of said county. The petition of Frederic Grimes and Nathan W. Bush of said County respectfully represents unto your Honour that some time in the year one thousand eight hundred and thirty seven (1837) Eurydice Grimes, mother of your petitioner Frederic Grimes and wife of George Grimes of the County and State aforesaid, departed this life leaving a considerable amount of real and personal property which, legally and of right vested in her children at her death, and that the said George Grimes, whose duty it was to administer upon the estate of the said Eurydice deceased has failed so to do; but has kept possession of the same and used and disposed of it according to his own will and pleasure, without right, to the injury of the children of the said deceased; and that no administration has ever been had upon said estate. Wherefore your petitioners pray that your Honour would grant them letters of administration jointly of said estate, and that the said George Grimes may be cited to appear at the June term of your Honourable Court to show cause if any he has why said letters should not be granted. And as in duty bound your petitioners will ever pray. Frederic Grimes, Nathan W. Bush by Att. N. Holland To the Sheriff of said County, Greeting. You are hereby ___ to cite George Grimes if in your County to be found to be and appear at the Court Hearing in the Town of Bellville on the fourth Monday in June , in the County Court in matters of Probate then and there to answer the petition of Frederic Grimes and Nathan W. Bush applicants for letters of administration on the estate of Eurydice Grimes deceased, as will now fully appear by reference to a copy of Petition herewith sent Executed by serving George Grimes with a copy of this citation and the accompanying copy of petition on the 16th day of June A.D. 1849. James J. Packson, Sheriff of Austin County Probate Court July Term 1849 Succession of Euridice Grimes Answer of George Grimes . Petition of: Nathan W. Bush, Frederick Grimes For Letters of Administration And now at this term of the Court comes George Grimes and for answer excepts to the legal sufficiency of the Petition in this - no specific property is set forth as belonging to the intestate. 2nd The laws in force at the time of the decease of Euridice Grimes recognized no such proceeding as the present. The Parties were married in the State of Tennessee in a common law county and no law had been passed in Texas changing the rights of Parties married, to property at the time of the death of the said Euridice (which this petitioner alleges occurred on the 1st day of September A.D. 1836) 3rd The Petitioners in this instance are in no wise interested _ as auditors or heirs. The said Bush is a stranger to the family and was at the time of the deceased of the said Euridice an Alien. The said Frederick, if an heir had received a greater portion of the Estate as such than he would be entitled to under a fair and equal Partition of the property. And for further answer the said George Grimes prays of the court if it should deem an administration necessary that the same may be granted to him. He alleges that he was the husband of the deceased intestate and as such entitled to the administration. Portis & Waller, Attys for George Grimes. Euridice Grimes. George Grimes. In this case it is agreed that Euridice Grimes died in September 1836 and that George Grimes and Euridice Grimes intermarried in the State of Tennessee before their immigration to Texas. D Portis, Atty for N. Holland for plantiff The State of Texas. County of Austin. Know all men by this present that Mr. George Grimes...as principle and James A. Ruby and James Irvin as __ are hied and firmly bound unto the Chief Justice of the County of Austin in the sum of Ten thousand & four hundred dollars for the payment to which ever and truly to be made unto the said Chief Justice. We bind ourselves, our heirs and administrators jointly and summarily firmly by these present, Signed with our hands and sealed with our seal; the seal being this 12th day of October A.D. 1849. The condition of this obligation is such that whereas the aim bound George Grimes has been appointed by the Chief Justice of the County of Austin administrator of the estate of Euridyce Grimes deceased. Now of the said George Grimes shall ever and 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. George Grimes (his Mark) J.A. Railing James Ervin Benjamin L Chuck Approved October 29th A.D. 1849 William Bradbury, Chief Justice, Austin County. The State of Texas, County of Austin. I, George Grimes, do solemnly swear that Euridyce Grimes died without leaving any lawful will so far as I know or belive and that I will ever and truly perform all the action required of me as administrator of the estate of said Euridyce Grimes Deceased. George Grimes (X) Sworn to and subscribed before me this 12th day of October A.D. 1849 (Administrator's Bond) The State of Texas. County of Austin. To Citizens William Belloman, Elijah Terry and Samuel Kuykendall, you are hereby authorized and required to make a true estimation, inventory of all the property belonging to the estate of Eurydice Grimes deceased which shall be pointed out to you by the administrator as belonging to said estate and swear to the contents thereof and to the same before same office of the County authorized by law to administer oaths. Give under my hand and the seal of the County Court of Austin County at office in Bellville this 30th day of October AD a849. James Hillyard, County Clerk, Austin County Be it known that George Grimes was appointed at the September Term of the County Court sitting in matters of Probate administrator of the Estate of Eurydice Grimes, deceased and the said George Grimes having fully complied with the requirements of the law in such cases full fourth and credit are now all his official acts as administrar of the estate of said Eurydice Grimes Deceased. Given under my hand and the seal of the County Court of Austin County at Office in Bellville this the 30th day of October A.D. 1849. Wm. Bradbury, Chief Justice Additional Comments: Nathan Bush apparently rented from George and became the administrator of his estate. Eurydice, mother of Frederick, had died in TX. George, father of Frederick, remarried to Tracy Yerkin/Yorkin in 1838. Eurydice's father, John Gardner died in Stewart Co TN 1842, and Eurydice's heirs are named in his will. Will posted on-line http://files.usgwarchives.net/tn/stewart/wills/g6350001.txt Frederick apparently felt that his father did not distribute the inheritance properly. George died Nov 15, 1849 probably before this law suit was settled. File at: http://files.usgwarchives.net/tx/austin/court/grimes19gwl.txt This file has been created by a form at http://www.genrecords.org/txfiles/ File size: 7.6 Kb