John Murchison Probate Timeline - Fayette County, Texas ***************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ Submitted by Leona Mastan - lmastan@jps.net 1 May 2002 ***************************************************************** John Murchison Probate Timeline - Fayette County, Texas Probate Record Book B, page 205, 28 February 1850 Will of John Murchison. Widow, Nancy Murchison and father in law, John T Cox named executors. Page 206 First wife of John Murchison was Sarah Ann Murchison who died in Fayette Co, TX about August of 1847. (Sarah's maiden name was probably Robison or Robinson.) Probate Minute Book B, page 59, 28 February 1850 Thomas W Cox appointed temporary guardian of minor children of John Murchison, deceased. (Thomas W Cox was a Baptist Minister and a lawyer. We don't know his connection to our John T Cox. Being 15 years older than John T, he may be his brother or cousin?) Probate Record Book B, page 209, 26 March 1850 Nancy Murchison relinquishes the terms of the Will and elects to take what the law would award her if John Murchison had died intestate. Probate Minute Book B, page 67 & 68, 26 March 1850 Minor heirs of John Murchison are: Duncan Murchison (abt 16 Years?) in CA Prudence J Murchison (over 14 Years) Martha Jane Murchison Lauranah Murchison John Murchison Prudence J Murchison (over 14 years) chose Stephen Townsend as guardian for her property and John T Cox guardian for her person. Stephen Townsend was appointed guardian of Estates of Prudence, Martha, Lauranah, & John and guardian of property of Duncan. John T Cox appointed guardian of persons of all children but Duncan, who is in California. Probate Minute Book B, page 70 & 71, 26 March 1850 Court ordered one half of estate to minor heirs of John Murchison and one half to Nancy Murchison and John T Cox executors. $250 is allowed and set apart to Nancy Murchison, widow, for the support of herself and Sarah Ann her child. (This is the only mention of Sarah Ann in the probate. She was not included with the minor heirs of John Murchison.) Probate Minute Book B, page 74, 27 March 1850 Court set apart the late residence and homestead of John Murchison deceased to the Minor heirs. Since there is no homestead for the widow, the following property is set apart to her, being exempt from execution. 20 head of hogs, 1 horse, 5 milk cows, all the farming utensils, all the household and kitchen furniture, and $1,500 in lieu of a homestead. Probate Minute Book B, page 104 and Probate Record Book B, page 212, 28 May 1850 Nancy Murchison agrees to take negroes Mary 4 years old, Dicy 60 years old, and Caroline 2 years old. Page 213 I do hereby Ceritfy that the foregoing Will of John Murchison dec'd, the bond of the Executors of said Murchison, Inventory, petition for sale, Renunciation of Nancy Murchison, Report of the Commifsioners of partition, petition for sale, A/c Sale Do Application to set apart property etc in relation to the Estate of John Murchison deceased, Recorded on the preceding eight pages, a re True copies of the Originals on file in My office and Recorded this 20th June AD 1850 N W Faison CCC Stephen Townsend posts bond of $ 5,000. Sureties are W F Hodge and David Shelby. Stephen Townsend is appointed guardian for the Estates of : Prudence J Murchison Martha Jane Murchison Lauranah Murchison John Murchison And for the property of : Duncan Murchison the minor heirs of John Murchison, dec'd. Approved March 25th 1850. Census 1850 Williamson Co, TX Nancy Murchison and all the Murchison children except Duncan are living with the family of John T Cox. Probate Minute Book B, page 326 February 1852 Daniel G Gregory appointed guardian of the property of minor children due to the death of Stephen Townsend. Martha Jane Murchison Lauranah Murchison John Murchison Prudence Murchison (Duncan not listed - maybe he is now 18 years?) Probate Minute Book B, page 351 26 February 1852 Ordered that guardian for property of minors pay to John T Cox $265 for boarding, clothing and taking care of minors from November 1849 to March 1850. (This may have been meant to be M arch 1852) Probate Minute Book B, page 353 & 354 26 February 1852 John T Cox and Nancy McQuiston formerly Nancy Murchison Executors of the Estate of John Murchison….. show in hand $2,290.78…. Balance of allowance due Nancy Murchison and the remaining 2nd class claims amount to $826.07. Third class claim of Peter N Shaw and A S Nail, Executrix of A L Nail deceased is $480.21+. This makes total privileged claims of $1,356.22+ which must be paid before any other debts. This leaves $950.50+ to pay debts presented within 12 months of filing of $1,624.72. Therefore claims presented after the 12 months, amounting to $41.15, will receive nothing. And the current debts will be paid at 51 and 1/3 cents on the dollar. Under, "Debts of the 4th Class" the following people have submitted claims against the Estate. My notes are in ( ). Wm Nail Admn, $30 note due Nov 8, 1846 plus $14.80 interest for 6 years & 2 months to January 8th 1852. (This is an error... should be interest for 5 yrs & 2 months. He was first husband of Nancy Cox Murchison McCuistion and died July 1845. There should be some record of this debt in the Probate Record for Wm Nail. It should have been paid then?) A W J Murchison, $70 note due April 15, 1849 plus $15.40 interest for 2 years & 9 months to January 15, 1852. (I don't know who this is. Maybe a brother or the father of John? April 1849 is when John Murchison left for the gold fields of CA and died in route.) John T Cox $58 balance of account for boarding Prudence Murchison. (What about the rest of the kids?) Neill Robison $51 account due. (He became Chief Justice of the Fayette County Court. We believe the first wife of John Murchison was a Robison or Robinson.) J L D Blackburn $34.20 account due. (He was married to Emily Cox a daughter of Thomas W Cox. How does this Cox family fit with John T Cox family?) Seth Toney $16 account due. (He was married to Mary Adeline Cox a daughter of John T Cox.) Probate Minute Book B page 366 1 April 1852 Final settlement of Estate. John T Cox and Nancy McCuistion released from all liability for Estate of John Murchison. (The families of John T Cox and Noah McCuistion left Texas for California on March 14, 1852 according to the biography for John Wesley McCuistion. Records show that they boarded the ship, Emily, in Panama on April 18, 1852. So, they may have actually left home in early April, 1852 after the final settlement of the estate. Apparently, the child Sarah Ann Murchison was with them. Continuing Probate records for the "Heirs of John Murchison" show the rest of the Murchison children remained in Texas, except for Duncan, who was probably still in the gold fields of California.) Probate Record Book C page 583 7 Nov 1854 Summons for D. G. Gregory Guardian to appear at Court the last Monday in Nov 1854 to post new and additional Bond. Probate Record Book C page 583 2 Dec 1854 David G. Gregory appointed guardian of the Estate of the minor heirs of John Murchison dec'd. Prudence J Murchison Martha Jane Murchison Laura Ann Murchison John Murchison Duncan Murchison David G Gregory posted a Bond of $8,000 on 18 Nov 1854 with J B McFarland & William J Russell as Sureties. Approved 2 Dec 1854 by John W Chandler, Chief Justice. Probate Record Book E page 276 Nov 1858 Petition of Duncan Murchison to set aside 1/5 of 440 acre homestead to him. Probate Minute Book D page 111 30 Nov 1858 Partition and distribution of 440 acres into 5 equal portions, which each of following to receive one fifth. Prudence J (Murchison) Smith, Duncan Murchison, Martha Jane Murchison, Lauranah Murchison, John Murchison. Probate Minure Book D2 pages 601 & 602 28 Apr 1870 D G Gregory released as Guardian of the Estates of the heirs of John Murchison. Estate now closed and settled up. Heirs listed as follows: Prudence Murchison Smith wife of Joseph E Smith D A Murchison Lue Murchison Taylor wife of Green B Taylor M J Murchison Flournroy wife of M G Flournroy J W Murchison Abstracted July 2000 by Leona Mastan from microfilms