Isaac House Probate Records, Gonzales County, TX ***************************************************************** 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. ***************************************************************** Gonzales Co,Texas Probate Succession 49...ISAAC HOUSE ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Department of Bexar } To citizen Frances W.Johnson, Jurisdiction of Austin} constitutional alcade of the Sept.12th,1831 } jurisdiction, aforesaid Your petitioners, Esther House and William House, both residents of this jurisdiction, would respectfully represent that sometime in the month of February last, Isaac House, the husband of the ? and the brother of the latter of your petitioners, departed this life intestate, leaving estate both real and personal, which is not represented in conformity with the law. Your petitioners would further state that the deceased has also claims to real estate in the United States of the North (State of Louisiana), which is also ? a representative. Petitioners would submit that the real estate of said deceased consists of one quarter of a league of land situated on the west side of the San Bernard and that the movables of the deceased consist of one negro woman, a slave as/on? hi...ing for life, together with small stock of cattle,and all of which movable property is now situated in the vicinity of Gonzales. Wherefore and in tender consideration of all and singular, the facts in this petition stated. It is the prayer of petitioners, that you honor do count an inventory, of the property of said estate, be taken by citizen J.B.Patrick,commissioner of the precinct of Gonzales and here to transmit to your honor as soon as convenient in order that an administration on the same may be taken in conformity with law and your petitioners as in duty bound will ever prey. {signed} her mark.....Esther House, and William House Having read and exanined the foregoing petition and being satisfied of the truths of the facts understated, it is by reason thereof and of the law ordered and decreed that an estimation inventory be made agreeable to the prayers of the petitioners....... signed......F.W.Johnson --------------------------------------------------------------- Department of Bexar } To J.B. Patrick, empresario Jurisdiction of Austin} of the precinct of Gonzales, These are to authorize and assign you to provide to the house of Hester House, widow of Isaac House,dec'd, for the purpose of making an inventory of the property comprising the succession of said Isaac, for which purpose you will nominate two appraisers and two witnesses, citizens of your precinct, to assist at the making of said inventory according to the firm hereinafter given.....You will also make return of said inventory as soon as practisable to me Given under my hand and seal of office at the town of Austin, 12th Sept.1831 F.W.Johnson Precinct of Gonzales} This 18th day of September 1831, I, J.B.Patrick, emprasario of the first court of Gonzales, have in obedience to an order of Frances W. Johnson, constitutional Alcade of the jurisdiction of Austin, passed to the house of Hester House, for the purpose of making an inventory of the property composing the succession of Isaac House,dec'd. And for this purpose, have appionted George W. Davis and Adam Zumwalt as appraisers, to whom I have administered the oath required by law for the performance of time and have provided as follows... Lot no.1... 1/4 League of Land situated on the Rio Bernard and one negro woman.............................$1133.05 Lot no.2.. 7 head of cattle...................................$62.10 Lot no.3... 29 head of hog.....................................$13.00 Lot no.4... 1 waggons and 2 ?gears.............................$30.00 Lot no.5... 1 horse............................................$30.00 ------------------------------------------------------------ $1328.25 END OF 1831 DOC****************************************************** MISC. RECEIPTS PRESENTED IN THE 1838-39 RANGE+++++++++++++++++++++++ Rec'd, Gonzales,July 18th,1838, of Capt.Wm.A.Matthews, the sum of $48.60 for maiing two separate surveys for the estate of B.Fuquay,dec'd, the one of one labor and the other of three quarters of a league and the snd amt. being paid in full. signed...............Edm'd Bellinger ------------------------------------------------------------ Rec'd of John Clark, agent of the heirs of Isaac House, $76.85, their state and county tax, for the years 1838,39 July 27, 1839................Jn.A.Neil?,d.shff.G.Cty. ------------------------------------------------------------ Rec'd of John Clark, July 20,1839, twenty two dollars, for the tuition of Nancy Jane, William and Alfred House. signed..........A.H.Hopkins,teacher ---------------------------------------------------------- Republic of Texas}-- County of Gonzales}-- Probate Court, June session 1839 The petition of William House, joint administrator with Esther House, now Esther Clark, On the estate of Isaac House, respectfully represents unto your Hon.Court, that previous to the revolution, your petitioner together with the aforesaid Esther Clark, took out letters of administration on the estate of Isaac House and some progress was made in said administration, but that the estate owing to the breaking out of the war, has never yet been settled up.- And your petitioner would further represent that the original papers connected with said estate, are filed in the office at San Felipe and that your petitioner is desirous of settling up said estate in accordance with an act of Congress in that case made and provided applied to the clerk of the county court at San Felipe, for said papers, but that said clerk declined to deliver them up, wherefore your petitioner prays that an order of your Hon. Court in accordance with the 3rd section of an act "entitled, an act to amend an act relative to Probate Courts" requiring the clerk of said court at San Felipe aforesaid, to transmit to this office, the original papers belonging to the estate aforesaid. For your petitioner says that the said Isaac House had his residence in this municipality at the time of his death and that the said having family was living here at the time of his death and that your petitioner as in duty born will ever pray.....signed W.W.T.Smith, atty for Wm.House The petition of the petitioner is granted and this clerk will grant an order to the clerk of San Felipe for the original papers belonging to the estate of Isaac House, deceased, this the 27th day of June.....James Campbell, Judge of Probate Court., G.C. -------------------------------------------------------------- Republic of Texas } County of Gonzales} To the Hon. Court The administration of the estate Isaac House Account on said estate, by her agent. The administrator charges her self with one fourth of a league of land situated on the No.1.. Rio Bernard and one negro woman to......$1132?.?? No.2.. 7 head of cattle........................$??????? No.3.. 29 head of hogs............................$15.00 No.4.. 1 waygon, 2 pr gears.......................$30.00 No.5.. 1 horse....................................$30.00 No.6.. 2 plows,250$, 2 axes 2$, 1 grabing hoe, weeding hoe, and broad axes...............$12.00 No.7.. 1 set of triming tools,1 log chain & stuffer, 2 ring,1 iron wedgey foot,adds 2 square.....$9.00 No.8.. 3 ovens and 4 pots.........................$10.00 No.9.. 2 beds and furnature.......................$30.00 No.10..3 trunks....................................$7.00 ======= that were in the original inventory $1396.25 to which she adds $4428.00 {one league of land, 1$ per acre} ========= {and one labor } $5824.25 The final account of Esther House, now Esther Clark, has been this day ? to the court of Probate. It is therefore ordered that the Clerk of Probate, given due notice of the same and if no legal objections are made on final settlement,will take place at the next term of this court, this Augt.26th,1839. James Campbell, Judge of Probate,G.C. ----------------------------------------------------------- Republic of Texas} Gonzales County } To the judge of Probate Your petitioner, as one of the heirs of the estate of Isaac House,dec'd, would represent to our court that as a final settlement has been made on said estate, your petitioner would therefore pray that a judicial partition may be made between the heirs of said estate & that your petitioner may be put in possession of the court, that may be coming to her as one of the heirs of said estate and as in duty bound will ever pray on this Oct.1,1839.SIGNED Esther Clark By John Clark It is hereby ordered, that the partition is granted as prayed for. And further ordered that the clerk of Probate will issue citations to John Clark and his wife, Esther Clark,and Frances Berry, guardian of the minor heirs of Isaac House,dec'd, notifying them to be and appear at the house of John Clark in the same county on the 22nd day of Otober, 1839. Then and there, to attend to the partition to take place before the chief justice & Ecff? notary public of said county, of the said estate, herein fail not. Oct.the 1st,1839 James Campbell,Judge of Probate,G.C. ----------------------------------------------------------- SETTLEMENT OF THE ESTATE OF ISAAC HOUSE, DEC'D BY THE ? RECORDED IN PROBATE RECORD LETTER A PAGE 91, V.92. REC'D OCT. 6TH,1839, BY ME E.WILLIAMS, PR.CLK. ---------------------- of Probater for said county. Dec'd would respestfully present her final. John Clark The administrative credits her self with the following amts, to wit...... tax on land pd. 1838-1830...................$76.85 for tuision as for rect of Hopkins..........$25.00 ?court charges...................$10.00 for obtaining original papers................$3.00 for tuition paid to Bellinger................$9.00 administration, commission fee for $222.85 settling ref said estate....................$45.60 $368.45 amt due the estate.......................$5524.28 balance due to the estate.................$458.80 court fees for a final settlement. of the estate to Judge of Probate...........$6.00 final balance................$5449.80 Republic of Texas} Gonzales County } whereupon this is taken for the final settlement of the same and the clerk of probate ordered to record the same, whereunto the said administratix having set her hand in open court this first day of Oct.1839......signed.Esther Clark ................................by John Clark James Campbell } Chief Justice Gonzales County } END OF 1839 DOCS+++++++++++++++++++++++++++++++++++++++++++++++=== BEGIN 1840 DOCS+++++++++++++++++++++++++++++++++++++++++++++++++ ------------------------------------------------------------ Republic of Texas} County of Gonzales} Know all men by these presents that I as principal Esther Clark, George Davis and William A. Matthews as securities, are held and firmly bound. Each of us our heirs and legal responsibilities, unto Esmond Bellinger, chief justice in and for said county in the penal sum of Ten thousand dollars to be paid to said Edm. Bollinger or his susccessors in office. The condition of the above obligation is such that the said Esther Clark, has been by the judge of probate, appionted the guardians of the minor heirs of Isaac House, dec'd,. Namely, to wit, Nancy Jane, Willam, and Alfred House..............and the said Esther Clark is charged with all the duties enjoined on her by law, as guardian of said minor heirs. Now, if said Esther Clark shall well and truly do and perform in all things according to law, which may be required of her, the said Esther Clark, as guardian of the said minors, then and in that case, this obligations to be null and void. Otherwise, to stand and remain in full force, power, and virtue in law. Given under our hands and seals, this 27th day of April 1840. SIGNED.....Esther Clark, her mark and seal WITNESSES: Geo.W.David,WM.A.Matthews I do solemnly swear that I will do and perform in all things as touching said guardianship, to the best of my skill and judgement. So help me GOD. this 27TH day of April,1840 signed Esther Clark, her mark Sworn to before me this 27th day of April,a.d.,1840 Edm.Bollinger,Probate judge. ------------------------------------------------------------------------ Commission emmanating from the Probate Court to William A. Matthews George W. Davis Washington D. Miller appraise and divide the estate of D.Floyd and Isaac House among the heirs ? estates. -------------------------- We the undersigned commiss- ioners acknowledge due and legal service of the within writ. (signed) W.D.Miller May 20,'40 G.W.Davis Wm.A.Matthews -------------------------------------------------------------------------- Republic of Texas} The Probate Court April Term 1840 County of Gonzales} in pursance of an order and decree of the court, William A. Matthews,George W. Davis and Washington D.Miller, you are hereby commissioned to divide and distribute the estates of Isaac House and Dolphin Floyd, who are deceased, among the heirs of said estates, as provided,never the less, that said estates can be divided without evident and service injury to said estates. And said commissioners to repeat their proceedings to the court of Probate at the next term, with the appraised value of said distribution shears of said divisions. Whereas, Esther Clark has been by the court of probate, appointed guardian to the said minor heirs of said estates. This given under my hand and private seal, having the seal of office, done in the town of Gonzales, the 6th day of May a.d. 1840 signed......Ezekial Williams,clk to the Probate Court ------------------------------------------------------------ REPORT OF THE PARTITION OF THE ESTATE OF ISAAC HOUSE, DEC'D July, the 15th, 1840 RECORDED IN BOOK LETTER A ON PAGE 166 E. WILLIAMS, CTY CLK --------------------------------------- Republic of Texas} The undersigned commisioners ap- County of Gonzales} pointed by the Honorable Probate Court of said county, at the April term thereof ,1840, this day met and convened, in obedience to a writ of petition issued from said court, for the partition of the estate of Isaac House,dec'd, between Esther Clark, relict? of the said Isaac House,dec'd, and the minor heirs of said House and has proceeded to the execution of their of their duties. Whereupon it was agreed and determimed that the following shall be the plan of division of said estate between Esther Clark, ?select? as aforesaid, and Nancy Jane House, William House, and Alfred House, minor heirs of said Isaac House, that is to say,: The distributive share of Esther Clark shall be and consist of the following property appraised therein shown. 1/4 of a league of land on San Bernard River........$980.00 1095 acres of land out ofthe 24 labors on the clear fork of Plum Creek,in Gonzales County, taken from the lower side of said tract, with proportional front.............................$821.50 one labor of land adjoining the Gonzales town tract.................................$354.00 one negro woman, named Sarah........................$300.00 ...................................................$2455.50 (over) The distributive share of the said minor heirs to wit, Nancy Jane House, William House and Alfred House, shall be and concist of the following property with the appraisment thereto assessed.... The balance of the 24 labors of land on Plum Creek aforesaid, being about 315 acres, being the upper portion of the said tract, with a proportional front.......$2367.00 One labor of land near the St.Mark river............$88.50 All of which is respectfully submitted to the honorable the Probate Court. The personal property belongings to the estate other than that herein shown was totally lost in the war of the Revolution and is therefore not included in this partition. June 11,1840 Geo.W.Davis } Wm.S.Matthews } commissioners W.D.Miller } Acknowledged and sworn to before me this 27th of June,A.D. 1840......Edm.Bellinger,Chief Justice Gonzales County ------------------------------------------------------------ ordered to be rendered and filed July 1st, 1840 Edm.Bellinger, Judge of Probate END OF 1840 DOCS++++++++++++++++++++++++++++++++++++ BEGIN 1845 DOCS++++++++++++++++++++++++++++++++++===== ------------------------------------------------------------ Commission to Isham J. Good John A.Neil and James Gilbrith, to divide the Estate of Isaac House,Dec'd.- Issued Sept.30,1845 Benja.B.Peck,P.C.G.C. commission fees: I.J. Good...$2.00 James Gilbreth...$2.00 ---------------------- Republic of Texas County of Gonzales Probate Court, Sept. term 1845 To Isham J. Good, John A. Neil, James Galbreth,sr.: Whereas Nancy Jane Hodges and Esther Clark, guardian of William House and Alfred House, minor heirs of Isaac House, dec'd, have by their attourney petitioned the court for a division and partition of three thousand,one hundred and fifty six acres of land lying in said county on the waters of Plum Creek on Clear Fork, being the remainder of Isaac House's headright league after taking from said league the amount set apart to said Esther, widow of said Isaac, and said petition having been granted as an order of partiton decreed as prayed for. These are therefore to authorize, empower, and commission you, Isham J. Good, John A. Neil, James Galbreth,sr, to go upon said twenty four labors of land on the clear fork of Plum Creek, taking with you Arther Swift, County Surveyor of said county, and proceed to divide the upper portion of said league, the lower 1085 acres of said league with proportional front having been heretofore by commisioners set apart to the said widow of House. And of the said upper portion of said league, containing about 3156 acres of land, make partition equally according to the quality and quantity and value between Nancy Jane Hodges, William House and Alfred House designating specifically by a flat and surber thereof the party assigned and apportioned to each of the three said heirs of said House, dec'd. ] But and if the said estate above described in your opinion, cannot be fairly and equally divided amongst the said Nancy Jane, William House and Alfred, without manifest injury to them or some of them, then and in that case, proceed to make a special return of the whole property as the value there of duly appraised by yourselves, and certify to the court whether it will be most for the benefit of all parties interested therein, to ? over to one or more of them the said property, upon payment of a sum of money to the aforesaid by yourselves, or to sell the same at public auction. Herein, having discharged the duty presented, make due return of the manner in which you have ?sented this commission to the next regular term of this court, to be holden in the town of Gonzales, on the last Monday of October next Given under my hand and seal of office, this 30th day of September ad 1845, Bryan F. Peck, P.C.G.C. -------------------------------------------------------------------------- Republic of Texas } Personaly appearred before me, CC County of Gonzales } Calley, Justice of the Peace for said County, Isham J. Good and James Galbreth,sr, who under oath says that they will discharge the duty of commissioners in making partition of the foregoing estate in obedience to said writ of partition to the best of their judgement do. this the 25th day of October 1845. Sworn to and before me the } I.J. Good day and date above written, } James Galbriath Canah C. Colley, J.P.G.C. } --------------------------------------------------------- Division of Isaac House League of Land on Plum Creek between the heirs of said House.. Filed October 28, 1845 Benj.B.Peck P.C.G.C. Surveyor fees A.Swift $24.00 --------------------------------------------------------- Republic of Texas } October Term 1845 County of Gonzales} Probate Court Isham J. Good and James Galbreth,sr, The commissioners, William O.Burnam, Freeman George and R.S. Bennett, who were duly appointed and legally empowered under the 37th section of the Probate Law of 1840, by the Probate Court of said county, to divide the landed property of the estate of Isaac House,deceased, in such a manner as would result in impartial justice to the parties legally interested and whereas the said commissions as under the appointment have proceeded to and succeeded in dividing and appropriating the said land tho the said parties or heirs and has made this report to the court for action, it is therefore considered by the court that these actions of division be accepted and approved and be spred upon the record of the land as the last and final action of the said court upon the property so divided and it is further ordered that the field notes and plot of survey be placed on the records of the court. signed..................J.W.Baker,chief justice. ------------------------------------------------------------ No.31 Petition of Esther Clark and Jane Hodges for partition of Land To Probate Court, Sept.term 1845 The joint petitionrs of the heirs of Isaac House,dec'd, filed by their attourny, prayer that commissioners be approved to make partition of the estate of Isaac House,dec'd, amongst th several of ? estates. It is ordered and decreed, that, I J.Good, J.Neil and James Galbrath, be, and then, are hereby appointed to make partition of the estate of Isaac House,dec'd, and assign to each heir his share of said estate and make return of the same at the October term of the court ? ? signed........J.H.Baker,Chief Justice ------------------------------------------------------------ Republic of Texas } Probate Court County of Gonzales} Sept.term a.d.1845 To the Hon.Jas.M.Baker, probate judge of said county, The petition of Esther Clark, guardian of the minor heirs of Isaac House, dec'd, and David Hodges and his wife Nancy Jane, would most respectfully represent unto your honor, that said Isaac House, dec'd, possessed of a certain contract of land, situated in said county, on the waters of Plum Creek, on Clear Fork, the headright league of said House, and that, the estate of said House had been settled, and that 1095 acres of said league has been set apart by commissioners for that purpose in accordance with the law, to said Esther, widow of said House, and that remainder of said land remains undivided between the minor heirs and said Jane Hodges, and that said minors are William and Alfred House, and that there are no others than those named. Your petitioner therefore pray, that your honor may assign a commission to certain persons to go to go there with the county surveyor of said county, may go upon and proceed to divide said and equally,according to the quality and value, between said Wm.House, Alfred House and named Jane Hodges, and your petitioners will ever pray. signed..............Wm.H.Stewart,atty, for petitioners. ------------------------------------------------------------ Republic of Texas } County of Gonzales} We the undersigned commissioners appointed at the September term of the Probate Court of the said county, to make partition of the 3156 acres of land, ? of the north or upper part of the headright league of land of Isaac House, deceased, situated on the Clear Fork of Plum Creek, between the heirs od said Isaac House,deceased, proceeded in obedience to the writ of commission directed to us and agreeable to the statutes of the Republic of Texas, in such case made and provide. After having entered on said described land, to be divided the same between the heirs of said deceased's estate, After having the amount of 1095 acres now surveyed to Mrs. Esther Clark,formerly widow of the said Isaac House,dec'd, as pointed out in said writ of partition, and do set apart unto the different heirs, the tracts or portion as follows, (namely) unto Willam House ...........................Lot number 1. being the upper shore containing 1000 acres of land, unto Alfred House............................Lot number 2. containing 1000 acres of land, and unto Nancy Jane Hodges, wife of David Hodges.........................Lot number 3. containing 1156 acres of land as their just and equal portion of said tract of land in quantity and real value as represented by the foregoing plot and field notes, which is made a part of this report. Given under our hands, this the 27th day of October a.d.,1845 signed....................I.J.Hood } commissioners ....................James Galbreath,} ----------------------------------------------------------- Republic of Texas} County of Gonzales} Survey of the division of the 24 labors of land between the heirs of Isaac House, dec'd, situated on the clear fork of Plum Creek, it being the headright of said Isaac House, as appointed out by the commissioners appointed at the September term 1845, of the probate court of said county. Survey of lot No.1---- Beginning at the northeast corner of said Isaac House survey No.??? in class No.7, Thence running with the north line of said survey S60W, 525O acres, to a corner of said survey, on the south line of Frances Berry's league. Thence running S30E, 1000 varas, to the SE corner of a labor taken out of said Isaac House League Thence running S60W,1000 varas to a corner of said league, 1000 acres,S30E of the SW corner FW Berry's League, Thence running with the west line of said House League or 24 labors S30E, 63 varas, to a stake, from which, an elm bears S83W,13 inches in diameter, Thence running N60E, 6250 varas, to a stake standing on the EAST line of said Isaac House Survey Thence running N30W, 1065 varas, to the place of beginning containing 1000 acres of land. Survey of Lot No.2......Beginning at the southwest corner of Lot No.1, at a stake from which, and elm bears N22W 6 inches in diameter, Thence with the south line, ------------------------------------------------------------ of Lot No.1. N60E, 6250 varas, to a stake standing on the east line of said Isaac House Survey........Thence running with said East line S30E, 903 varas, to a stake standing in said line Thence running S60W, 6250 varas, to a stake standing on west line of said Isaac House Survey from which, a post oak bears N12W,marked with a blade and chap, and another post oak, bears S71E, marked with a blase and chap, Thence running N30W, 903 varas, to the place of beginning containing 1000 acres of land. =========================================================== Survey of Lot No.3......Beginning at the southwest corner of Lot No.2, a stake from which a post oak bears N72W 6 and another post oak bears S71E, both marked with a blase and crop, Thence running N60E, 6250 varas, to a stake standing on the east line of said Isaac House Survey Thence with said East line S30E, 1044 varas, to a stake standing in said East line...... Thence running S60W, 6250 varas, to a stake standing on the west line of said Isaac House Survey, from which, a post oak bears N29W,and an elm bears S87E, both marked with a blase and chap, Thence running N30W, 903 varas, to the place of beginning containing 1156 acres of land. ------------------------------------------------------------ Survey of lot no.4, beginning at the southwest corner of said Isaac House's league or survey or 24 labors.. Thence running N.30W, 990 varas, to a stake, standing on the west line of said survey, from which a post oak bears N.29W. and and elm bears S87E, both marked with a blaze and chop, Thence running N.60E, 6250 varas, to a stake, standing on the east line of said House's survey....Thence running S.30E, 990 varas, to the southeast corner of said Isaac House's survey, thence with the south line of said league. S.60W, 6250 varas, to the place of beginning, containing 1095 acres of land, surveyed by the man, the 27th day of October A.D.1845 {Tilmon Berry} { A.Swift } A.Swift,C.S.G.C. =========================================================== Division of Isaac House League of Land on Plum Creek between the heirs Filed October 28,1845 Benja.B.Peck P.C.G.C. Recorded in Probate Record B, Page 104-105 106-107&108,Gonzales Nov.21st 1845, HR Crawford- Dept. C.R.G.C. Recorded in County Record E.,Page 207 to 211 in Gonzales County January 1st,1846 HR Crawford- Dept. C.R.G.C. ----------------------------------------------------------