Estate and Probate Records for William Woodly, 1847, Harrison County, Texas *********************************************************** Submitted by: John Paul Woodley, Jr. Date: 27 Jul 2015 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nm/harrison/harrisotoc.htm *********************************************************** This is a transcript of the records of the Probate Court for Harrison County, Texas, taken from photocopies of the original records obtained from the Clerk of Court of Harrison County by John Paul Woodley, Jr., in April, 2015. The volume and page numbers of the original records of the Probate Court in and for Harrison County, Texas, are inserted in brackets. {Vol. PR-A, p. 463} {in margin} Petition Filed Sept 7th 1847 Estate of William Woodly, decd Talitha Woodly Administratrix The State of Texas ) Probate Court September Term County of Harrison ) 1847 To the Hon the Probate Court for the County aforesaid It is hereby respectfully represented to the said Court that William Woodley departed this life on or about the 18th day of August last (having his last residence in said County) leaving a will and appointing his wife Talitha Woodly (now his relict) and Joseph Westmoreland his executors. Therefore the said Talitha Woodly and Joseph Westmoreland Executrix and Executor as aforesaid will apply at the said Term of your Honorable Court to have the said will probated and letters of Executorship issued thereon as contemplated by law and as in duty bound etc. Sept. 7th 1847 Talitha Woodly Joseph Westmoreland Pro T. A. Patillo Atty. etc. {in margin} Petition Filed Nov 8th 1847 State of Texas ) Harrison County ) Nov 3rd 1847 To the Honl Probate Judge for Harrison County-Your petitioner would with respect represent to your Honr that Wm Woodly a resident of this state and County departed this life on the 18th day of August last 1847. And whereas your petitioner is the wife of said Wm Woodly deceased she prays that you may grant this her petition for letters of Administration on said Estate at the next regular term of the Probate Court Being the last Monday of the present month. Which your petitioner would in duty bound ever pray. ) Telitha Woodley by ) G. D. McJimsey {in margin} Affidavit Filed Nov 24th 1847 The State of Texas ) County of Harrison ) Probate Court Nov Term 1847 And now comes Talitha Woodly widow of the late William Woodly and withdraws her petition for letters testamentary and the said Talitha Woodly after being duly sworn makes affidavit and says {Vol. PR-A, p. 464} That the said William Woodly in his life time made his last will and testament signed by him and witnessed according to Law. That the said Testator appointed in said will the said Talitha Woodly as executrix of the said will and deposited the same with her the said Talitha Woodly for safe keeping. That since the death of the said William Woodly the said will was stolen from a chest or strong box in her house where she had deposited the same for safe keeping and as she believes is destroyed. That she is unable to prove the contents of said will and that if letters of Administration be not granted the said estate can not be properly or legally settled and that the same will be in danger of being squandered against the rights of creditors and heirs. Sworn to in open Court this 29th day of November AD 1847. Test Talitha her X mark Woodly E. C. Beazley CClk {in margin} Bond Filed Nov 29th 1847 The State of Texas ) County of Harrison ) Know all men by these presents that Telitha Woodly as principal and Bailey Anderson senr & Fentral Hall as securities and held and firmly bound unto Obadiah Hendrick Probate Judge in and for said County and his successors in office in the sum of sixteen thousand six hundred dollars for the payment of which well and truly to be made we bind ourselves over and each of our heirs severally jointly and firmly by these presents signed sealed and delivered this 29th day of November 1847. The condition of the above obligation is such that whereas the above bound Telitha Woodly has been duly appointed Administratrix on the Estate of William Woodly decd Now if said above bound Telitha Woodly shall well and truly perform all the duties required of her as such Administratrix as required by law then the above obligation to be null and void otherwise to remain in full force & virtue. Signed sealed and delivered this the day and date above written. Approved Telitha her X mark Woodly (Seal) O. Hendrick, P. J. H. C. Bailey Anderson (Seal) F. Hall (Seal) {Vol. PR-A, p. 465} {in margin} Inventory Filed Jan 6th 1848 A Schedule of the real estate belonging to the Estate of William Woodly Decd Harrison ) 327 acres 130 acres cleared is worth $981.00 Cty ) 200 do 12 do do do 400.00 Lavacca ) 666 do 60 do do in litigation- Cty ) 160 unimproved in Panola C 160.00 1 certificate of Ian McMillin 640 acres 100.00 1 do William Woodly 320 acres 50.00 640 acres in Rusk County 640.00 $2331.00 We the undersigned appraisers do certify this schedule of the real Estate of William Woodly Deceased was this day valued by us authorized appraisers and that the aggregate appraisement is 2331.00 Given under our hands and seal this 5th day of Jany AD 1848. E. A. Smith ) Appraisers Philip Alston ) Sworn to and subscribed before me the undersigned J P this 5th day of Jany 1848. Edward Smith Justice of the Peace H C The State of Texas ) County of Harrison ) Personally appeared before me the undersigned Authority Telitha Woodley Administratrix of the Estate of William Woodly decd and upon oath states that the with and foregoing is a true and correct inventory of all the real Estate of said Wm Woodly decd that has come to her knowledge as Administratrix. Sworn to and subscribed before me Talitha Woodley this 6th day of January 1848. E. C. Beazley CClk By S. R. Ford Dept. {in margin} Inventory Filed Jan 6th 1848 Schedule of the Property of the Estate of William Woodly Deceased 1 Negro man Bob about 55 years old 300.00 1 do Edward " 25 do 800.00 1 do {unc} Oliver " 21 do 800.00 1 Negro woman Arie " 37 do 300.00 1 do Silvey " 19 do 600.00 1 do Patey " 17 do 600.00 {Vol. PR-A, p. 466} 1 Boy named Isaac 13 do 450.00 1 Boy do Miles 10 do 400.00 1 Negro Girl Violett child 1 year old 100.00 1 Bay mare & colt 9 year old 65.00 1 Sorrel mare & colt 4 year old {unclear} 25.00 1 do do do 6 do 65.00 1 Bay Horse 4 year old 45.00 1 Sorrel Horse 3 do do 35.00 1 Bay Horse 3 do do 55.00 1 Bay filly 4 do do 45.00 1 Brown filly 3 do 40.00 1 Dark Mule 8 years 50.00 2 Yoke Oxen 75.00 36 Head stock of cattle 180.00 40 Killing Hogs 200.00 10 sows & pigs 40.00 17 Head sheep 42.50 Amt over $5202.50 1 crib of corn about 400 Bushels 100.00 1 do do do 350 do 140.00 1 do do do 300 do 120.00 7 stacks fodder 35.00 3 stacks oats 15.00 18 Bales Cotton 450.00 1 Lot in the {unc} about 10 bales 250.00 1 Lot about 4 Bales in {unc} 100.00 7 {unc} in the field to pick 175.00 2 feather Beds & furniture 50.00 2 Cotton mattresses & furniture 12.00 8 Chairs 2.00 1 Dining table 2.00 1 Clock 15.00 Kitchen furniture 5.00 1 Lot Crockery & Glass 2.00 1 Library 2.00 1 Set Black Smith tools 50.00 Plantation Tools 15.00 Carpenters tools 3.00 1 Note on S. Holland for $71.10 cts 71.10 1 Rect on Phillip Howard for amt $30 30.00 1 Waggon 25.00 1 do 5.00 {Vol. PR-A, p. 467} 2 Log chains 4.00 Amt Brought up $6940.60 1 Lot Brick 5.00 4 Barrel Rye 4.00 1 Cross cut saw 5.00 3 Rifle Guns 12.00 $6966.60 We the undersigned appraisers do certify that this Schedule of the Personal Property of the Estate of William Woodly deceased was this day valued by us authorized appraisers and that the aggregate appraisement is six thousand nine hundred & sixty six dollars & sixty cents. Given under our Hands this 30th day of December 1847. E. A. Smith ) Appraisers Phillip Alston ) Sworn to and subscribed before me the undersigned authority this 5th day of January AD 1848 Edward Smith Justice of the Peace for H. C. State of Texas ) County of Harrison ) Before me personally Telitha Woodly Administratrix of the Estate of William Woodly decd and upon oath states that the within and foregoing is a true and correct inventory of all the personal property belonging to said Estate that has come to her knowledge as Administratrix. Talitha Woodly Sworn to and subscribed before me this 6th day of January 1848. E. C. Beazley CClk By S. R. Ford Depty {in margin} Letters Filed Nov 29th 1847 & Issued same day ECB The State of Texas ) Harrison County ) Be it remembered that at the Nov Term of the Probate Court held in and for the County of Harrison at the Town of Marshall on the 29th day of Nov AD 1847 Telitha Woodly was duly and legally appointed Administratrix of the Estate of William Woodly decd and having given bond & qualified according to law --- These are therefore to fully authorize and empower the said Telitha Woodly to take into her possession and control all the effects of said deceased both personal and real and to duly administer the same according to law. Given under my hand and the seal of the Court this the 29th day of Nov AD 1847 E. C. Beazley CClk & Ex officio Probate Clerk {Vol. PR-A, p. 468} {in margin} Petition Filed Jany 5th 1848 The State of Texas ) County of Harrison ) Probate Count In Vacation To the Honorable O. Hendrick Judge of Probate The petition of Talitha Woodly Administratrix of the Estate of William Woodly deceased respectfully represents that there is among the perishable property of the Estate eight head of Horses, twenty head of killing hogs, ten head of breeding sows and pigs, thirty six head of stock Cattle, seventeen head of sheep, two yoke of Oxen, one crib of corn containing four hundred bushels, four stacks of fodder, all of which property is now a positive expenses to the estate and a part thereof perishable in its character. Your petitioner prays an Order of the Honorable Court to sell the above mentioned property for the benefit of said Estate on a twelve months credit that the estate may be well and successfully Administered for the benefit of Creditors as well as heirs and your petitioner will ever pray. Jany 3rd 1848 Talitha Woodly by Simpson & Burks her attornies And petitioner begs leave to amend the above petition by praying that the twenty head of killing hogs, the ten head of breeding sows and pigs and the seventeen head of sheep mentioned in the above petition be sold for Cash for the benefit of the Estate. January 5th 1848 Talitha Woodly By Burks & Simpson {in margin} Return of Sales Filed Jany 31st 1848 January 25th 1848 A true return of the Sales of the property sold on this day By Order of the Probate Court of Harrison County for the benefit of the Estate of William Woodly decd. Credit Sales 1 Mare to B. M. Carter $27.00 1 Mare to William Haine 37.00 1 Horse do 30.00 1 horse to G. Nance 39.00 1 Brown Colt Talitha Woodly 15.00 1 Bay Colt - J Westmoreland 13.00 1 Sorrel Colt F. Hall 15.50 1 horse John Woodly 50.00 1 Cow & Calf Wm Canes 1 Cow & Calf J. T. Wilson {Vol. PR-A, p. 469} 1 Cow and Calf M. P. Scott $13.25 1 do do 15.00 1 do do 16.12 1 Stear to Richard Alston 16.00 1 Cow to J. Woodly 12.00 1 do J. T. Wilson 13.50 1 do W. H. Woodly 13.00 1 yoake of Oxen G. Watson 48.25 1 do J. Westmoreland 22.50 2 stears G. P. Mcgimsey 21.00 5 yearling do 26.00 1 Cow & Calf W. H. Woodly 11.00 50 bushels of Corn G. D. Roberts 24.50 200 do G. Watson 101.25 150 do S. H. Hardin 81.00 2 stock of fodder J. S. Davis 21.75 1 do J. Wilson 4.25 1 do Middleton Hill 4.50 727.57 Cash Sales 264.42 1023.99 James A. Simpson Talitha her X mark Woodly Sworn to in Open Court this 13th day of Jan 1848. E. C. Beazley CClk By S. R. Ford Dept {in margin} Petition Filed Feby 1st 1848 The State of Texas ) County of Harrison ) Probate Court January Term AD 1848 To the Honorable O. Hendrick Judge of Probate The petition of Talitha Woodly Administratrix of William Woodly deceased respectfully showeth: That there is certain other personal property and perishable in its nature yet undisposed of belonging to said estate to wit: three head of horses, one yoke of oxen, thirty bales of cotton more or less, three rifle guns and one wagon and your petitioner prays an Order of the Honorable Court that said property may be sold for the benefit of the estate and your petitioner etc. February 1st 1848 ( Talitha Woodly Administratrix of the Estate of ( William Woodly By Simpson her Attorney {Vol. PR-A, p. 470} The State of Texas ) County of Harrison ) Probate Court March Term 1848 A return of the property set apart by the Laws and Constitution for the use of the widow and minor children of William Woodly decd Two hundred acres of Land including the Homestead One year's provision for family and for the Stock on the farm Three hundred bushels of Corn Three Stacks of fodder Three Stacks of Oats Farming implements (not exceeding $50.00 in value) Household and kitchen furniture (not exceeding the value of two hundred dollars) One Horse 5 Milch Cows & Calves Twenty head of hogs not retained for which an equivalent in Cash will be received at a fair valuation The above Property is mentioned in the inventory and reserved from Sale. March 27th 1848 Talitha Woodly Admx By Simpson her Attory {in margin} Filed Oct 30th 1848 Sales 42 Bales Cotton By Moon Titus & Co. For and on Acct. of T. S. Edwards {Inserted at this point is a table reflecting the sale of cotton in June 1848, net proceeds $838.64.} {Vol. PR-A, p. 471} The State of Texas ) County of Harrison ) Personally appeared in Open Court Mrs. Talitha Woodly Administratrix of the Estate of William Woodly decd & after being duly sworn deposes and says that the above proceeds of the sale of cotton is correct as it stands stated according to the best of her knowledge and belief this 30th day of Oct 1848. G. A. Patillo Chf Just Witness J. A. Simpson Talitha her X mark Woodly {in margin} Return of Sale Filed Nov 27 1848 A true return of the Sales made on the fourth March 1848 the property belonging to the Estate of William Woodly decd. One yoke of oxen sold to Spearman Holland $71.00 One Sorrel mare Talitha Woodly 35.00 One Bay mare John Casidu 40.50 One do do S. H. Harden 57.50 One Rifle gun J. G. Gill 2.75 One do J. Westmoreland 6.00 One do George D. Mogamsey {McJimsey} 7.50 One Set of Smith tools Leroy Bennett 45.50 Three Hundred thirty five pounds Cotton to Gideon Nance at 6 cts a pound 20.10 Five bushel of rye to E. Smith B/I 1.50 Five do C. Rutledge B/I 1.50 One set of Carriage Wheels to Leroy Bennett 10.00 $299.55 Talitha Woodly Admx The State of Texas ) County of Harrison ) Personally appeared before me the undersigned Authority Talitha Woodly whose name appears to the foregoing return of sale and upon oath says that the same is correct to the best of her knowledge and belief. Sworn to and subscribed before me this 27 day of Nov 1848. E. C. Beazley CClk Talitha her X mark Woodly {Vol. PR-A, p. 472} {in margin} Return Filed Feby 26th 1849 A Return of the Hiring of the negro property belonging to the Estate of William Woodly Decd on January 1st AD 1849. Oliver and Patsy- hired to Telitha Woodley for $257.00 Bob hired to Cornelius Crenshaw for 142.00 Edward hired to O. G. Downs for 182.00 Miles and Ary hired to Peter Mitchell for 155.00 Isaac hired to G. D. McJimsey for 111.00 Silvia hired to J. Westmoreland for 139.87 $970.87 ½ Property belonging to the Estate of William Woodly Decd and rented to the highest bidder on Jan 31st 1849 as follows to wit: Kile Place rented to Peter Mitchell for 30.00 Bottom Field rented to G. D. McJimsey for 12.00 35 acres of land lying the Northern part of the upper field at $1.10 cts per acre 38.50 $80.50 Property belonging to the Estate of Wm Woodly sold by Order of the Court on 1st Jan 1849 as follows: One heifer Cow Sold to Peter Mitchell for 8.00 One Waggon Sold to Gideon Nantz 41.00 $49.00 Talitha Woodly being duly sworn says that the above return of hiring, renting and selling is true so help her God. Sworn to and subscribed before me in Open Court this the 27th day of February AD 1849. G. A. Patillo Telitha her X mark Woodly {Vol. PR-A, p. 473} {in margin} Negro hire &c Filed Nov 27th 1848 Nov the 20th 1848 A return of the Hire of the negros and rent of lands 1 woman Amy to W. H. Woodly 82.75 1 woman Salva Philip Alston 77.00 1 man Bob to J. M. Woodly 85.50 1 man Edward G. W. Watson 100.00 1 man Oliver Talitha Woodly 110.00 1 woman Patsy do 85.00 1 Boy Isaac J. Westmoreland 60.00 11 acre of land C. Bullard 26.50 7 do G. Balkinson 10.50 11 do Grissom 16.55 Talitha Woodly Admx of the Estate of William Woodley Decd The State of Texas ) County of Harrison ) Personally appeared before me the undersigned Authority Talitha Woodly Admx of the Estate of William Woodly decd and upon oath states that the within account of rent, negro hires, &c is correct to the best of her knowledge & belief. Sworn to & subscribed before me this 27th Nov 1848. E. C. Beazley C. Clerk Talitha her X mark Woodly {in margin} Issued Decr 2nd 1848 {in margin} Recd Dec 5th 1848 not Executed J. J. Kennedy Sheriff The State of Texas ) County of Harrison ) County Court pertaining to the Estate of dec persons-Nov Term 1848 To the Sheriff of said County Greeting. Whereas John Allison Administrator of the Estate of Robert J. Yelvington decd having filed his petition in said Court setting forth that he holds a bond for title to 320 acres of land from William Woodly in favor of the Estate of said Yelvington decd & praying title therefor: These are therefore to command you to summons Talitha Woodly Administratrix of William Woodly decd to be and appear at the next regular term of this Court to be held in and for the County of Harrison at the Town of Marshall on the last Monday Inst for the purpose of answering the said petition and to do and perform any further duty required in the premises. Herein fail not and make due return as the law directs. Given under my hand and seal of Office this 2nd day of Nov AD 1848. E. C. Beazley CClk {Vol. PR-A, p. 474} {in margin} Petition Filed 23rd Nov 1848 Petition of John Allison Administrator of Robert J. Yelvington to the Honorable Chief Justice Harrison County showeth that he is the legal Administrator of said Yelvington Deceased Doth hereby show that he hath a bond on William Woodly for three hundred acres of land as here shown and that he has complied with the condition of said Bond and now prays the Court to make an Order authorizing the Administrator of said William Woodly Deceased to make him said Allison a title for the Benefit of said Robert J. Yelvington estate this 23rd of November 1848. John Allison Administrator of Robert J. Yelvington Deceased {in margin} Bond for Deed State of Texas ) Harrison County ) Know all men by these presents that I William Woodly of the County & state afsd am held held & firmly bound to Robt. J. Yelvington of the County and State afsd in the sum of One thousand dollars which sum I bind myself, my heirs, executors and Administrators well and truly to pay given under my hand and seal this 22nd of August 1846. The Condition of the above Obligation is such that whereas I William Woodly have sold to Robert J. Yelvington three hundred acres of land lying on Golding Green in Rusk County it being a part of N. M. Makins' headright to be taken off of either corner of said headright that sd Yelvington may select except two hundred acres adjoining Jacob Gatston's Plantation the above title to be made when the said Yelvington makes the sd Woodly a good title to James McMillian's headright Certificate for six hundred and forty acres of land issued by the board of land Commissioners for Montgomery County now when the conditions hereby specified should be complied with this obligation shall be null and void otherwise to remain in full force both in Law & Equity. The understanding is further that the sd Yelvington is bound to make the Certificate he hereby trades to Woodly a good and legal one. Attest Wm Woodly (seal) R. L. Hightower Jubl Owens {Vol. PR-A, p. 475} {in margin} James McMillian Deed R. L Elvington State of Texas ) County of Montgomery ) Know all men by these presents that I James W. McMillian of Said County for the consideration of the Sum of fifty dollars to me in hand paid by Robert G. Elvington of said County and State the receipt whereof is hereby Acknowledged have granted, bargained and sold and by these presents do grant, bargain and sell unto the said R. G. Elvington my headright Certificate for six hundred hundred and forty acres of land issued to me by the Board of Land Commissioners for the County of Montgomery unconditional on the day of no together with all and singular the rights numbers hereditaments and appurtenances to the same as well present as in expectancy to have and to hold all and singular the said Certificate unto the said Robert G. Elvington his heirs and assigns forever and I do hereby bind myself, my heirs, Executor and Administrators to warrant and defend the right of said certificate unto the said R. G. Elvington his heirs and assigns from the Claims of all persons whomsoever legally claiming the same or any part thereof by strength or number. Witness my hand and scrawl in place of a Seal this 7th day July 1845. Signed sealed in the presence of Isaac Lousy James McMillin (seal) W. S. Adams John Allison Admr On application to make title ) Estate of R. J. Yelvington Decd ) Oct Term 1848 In this case it is Ordered by the Court that John Allison Administrator of said Estate be authorized to make or complete a conveyance and transfer of the headright Certificate of James McMillin for 640 acres of Land issued by the Board Land Commissioners of Montgomery County to the personal representatives of William Woodly Decd. I do certify that the above & foregoing Order of the County Court passed at the Oct Term of said Court for probate business is a true Copy of the Original on the minutes of said Court. {Vol. PR-A, p. 476} To Certify which I hereunto set my hand and seal of said Court at Carthage this Oct 31st AD 1848. J. Hadly Anderson C Clk of P. C. {Vol. PM-A1, p. 259} Ordered by the Court that Telitha Woodly be appointed Administratrix on the Estate of William Woodly decd by giving bond and security in the sum of sixteen thousand and six hundred dollars & to return an Inventory at the next Term of this Court. Ordered by the Court that Elbert A. Smith, Philip Alston & Edward Smith senr be appointed Appraisers to appraise the property belonging to the Estate of William Woodly decd and to make out and return an Inventory of the same at the next regular Term of this Court. {Vol. PM-A2, p. 322} {in margin} Copied Jany 1st 1849 In Vacation, January 1st 1849 Whereas Talitha Woodley Administratrix of the Estate of William Woodley decd has made application to this Court for permission to hire out the Negroes belonging to the Said Estate and to rent out the lands. Therefore it is ordered by the Court that she as administratrix of said Estate be permitted to hire out the Negroes and to rent out the lands for twelve months taking the usual bonds & security for the same. {Vol. PM-A1, p. 268} In Vacation January 6th 1848 Ordered by the Court that Telitha Woodley Administratrix of the Estate of William Woodley decd be allowed to sell on twelve months credit Eight head of Horses, thirty six head of Stock cattle, two yoke of oxen, four hundred bushels of corn and for Stacks of fodder and that she be allowed to sell for cash twenty head of killing hogs, ten head of breeding sows and pigs and seventeen head of Sheep belonging to said Estate. {Vol. PM-A1, p. 267} Tuesday Morning February 1st 1848 the Court met pursuant to adjournment present O. Hendrick Probate Judge, J. J. Kennedy Sheriff by Wm A. Fields Deputy, E. C. Beazley Clerk by S. R. Ford Dept. . . . Ordered by the Court that so much of the real and personal property belonging to the Estate of William Woodley decd as is exempt from execution by the Constitution and laws of the State of Texas be set apart for the use and infant heir of the deceased. {Vol. PM-A1, p. 268} Ordered by the Court that Telitha Woodley administratrix of the Estate of Wm Woodly decd be allowed to sell the balance of the personal property of said Estate on a credit of three months taking bond and approved security therefor and make return thereof at the next regular term of this Court. {Vol. PM-A1, p. 309} {in margin} Citation issued Decr 2nd 1848 Talitha Woodley Administratrix of the Estate of said William Woodly decd be cited to be and appear at the next term of this Court to show cause if any she has why she should not be required to make title a prayed in said petition. {Vol. PM-A1, p. 344} It appearing to the Court that service has not been had in the case of John Allison vs. Talitha Woodly citing her to appear and make title, It is therefore Ordered by the Court that the case be continued until the next regular term of this Court, and that an alias citation issue returnable to said term of the Court. {Vol. PM-A1, p. 400} Estate of William Woodly decd John Allison's application continued until the next regular Term of this Court. {Vol. PM-A1, p. 421} {in margin} Issued June 18th 1849 Estate of William Woodley decd John Alison administrator of the Estate of Robert J. Yelvington decd having filed a complaint in writing alledging that William Woodley in his life time Executed his Bond to the Said Yelvington for three hundred and twenty acres of Land and that the conditions of the said Bond were complied with and praying that the Administratrix of the Estate of Said Woodley be required to make Title thereto agreeably to the said Bond and Talitha Woodley Administratrix of the Estate of the Said William Woodley decd having appeared agreeably to a citation for that purpose and acknowledges the performance of the Said Bond as being complied with and the Court having examined the Same and found that said sale was legally made It is therefore Ordered by the Court that the Said Talitha Woodley Administratrix as aforesaid be required to make title to the said Land agreeably to the terms of the said Bond. {Vol. PM A-1, p. 461} Estate of William Woodley decd Talitha Woodley Administratrix of the said Estate having filed her Accounts for final settlement at the June Term of this Court and publication having been made according to law that she would apply at this term of the Court for final settlement of said Estate and said Accounts having been examined by the Court and restated after hearing objections made the same was approved an Ordered to be recorded. {Vol. PM A-1, p. 487} Est. of William Woodly decd The heirs of the Est. against the Admx of the Estate have leave to amend their petition. The heirs of Wm Woodly vs. Talitha Woodly Admx Application to change Inventory- In this case the applicants take a nonsuit, and are ordered to pay the cost. {Vol. PM A-1, p. 488} Ordered by the Court that the distribution of the Estate of William Woodly decd be continued until the next term of this Court. {Vol. PM A-1, p. 499} In Vacation Oct 23rd 1849 Whereas the heirs of William Woodly have filed a petition under oath alledging that Telitha Woodly Admx of the Estate of Wm Woodly has possessed herself of the bills of sale & muniments of title of the said decedent to the following slaves, to wit: One negro man named Bob, aged about 55 years, one negro man named Edward 25 years old, one Do. named Oliver aged 21 years, one woman Arie about 37, one woman named Selvey aged 19, one Do named Patsey, one Boy named Isaac 13, one Do. named Miles, one negro girl named Violett one year old, and one child not known, and that said Bills of sale & muniments of title to said slaves would show to the Court that said negro slaves were the separate property of said decedent, It is therefore Ordered by the Court that said Telitha Woodly admx as aforesaid exhibit in open Court at the next Term all the bills of sale & evidences of right of the said decedent to said negro slaves to be used in evidence on the trial of the case of the heirs of said Woodly vs. said Telitha Woodly administratrix as aforesaid and that she be served with a copy of this Order in terms of the Law. {Vol. PM A-1, p. 501} George D. McJimsey et al., heirs of the Estate of Wm Woodly decd vs. Talitha Woodly Administratrix Est of Wm Woodly decd This case is adjourned over until tomorrow morning 8 o'clock. {Vol. PM A-1, p. 515} The Heirs of William Woodley V. Petition The Administratrix &c. This case having been heard & considered It is ordered by the Court that the following report and decision of the same be entered on the minutes. William Woodley the ancestor died in 1846. Talitha Woodley is the Widow of the deceased and the administratrix of his estate. The Inventory filed makes no distinction as to separate and common property. The administration has reached a proper period for the distribution of the property and a petition is filed for that purpose. The 12th Section of an Act passed Jan. 20th 1840 defining "Marital Rights" provides "That all the effects which both the husband and wife reciprocally possess at the time the marriage may be dissolved shall be regarded as the common effects of gains unless the contrary be satisfactorily proved." Taking the inventory as the guide the rule thus afforded would declare the property of this estate the common property of the parties and it would be distributed accordingly one half to the Widow and the other to the children or heirs of the deceased. The Heirs being dissatisfied with this rule of distribution have filed their objection alledging that certain negro slaves contained in the inventory, to wit: Bob, Edward, Oliver, {Vol. PM-A1, p. 516} Arie, Sylva and child Violet, Patsy and child, Isaac and Miles are the separate property of the deceased and pray distribution accordingly. It appears in evidence that I 1843 the deceased with his family removed to Texas from the State of Alabama bringing with him eight of the negroes, to wit-Bob, Edward, Oliver, Arie, Sylva, Patsy, Isaac and Miles. That said negroes were acquired by purchase in that state during the marriage and that the common law prevails there. Violet, the child of Sylva, and Patsy's child were born in Texas after the removal. The question to be decided is, Are these negroes the separate property of the deceased? By the common law it is a general rule that the personal property of the wife vests in the husband and likewise the property acquired during the marriage. By the law of community which is adopted in Texas marriage is, as to property, considered in the character of a Partnership. The portion that each brings to the marriage is separate property and that which is acquired during the marriage is the property of both or common property. Such of the property of this estate as was acquired in Texas is regulated by the Statute of Texas which expressly provides "that the marital rights of persons married in other countries who may remove here after the passage of this act shall in regard to property acquired in this Republic during the marriage be regulated by the provisions of the same." Statutes Vol. 4 No. 6. It seems that the legislature of Texas anticipated such a case as the one under consideration. The property that was acquired here during the marriage is provided for but not that which was brought here from another country. The reason of this it seems is evident. The legislature considered the property brought here from another country already provided for by the laws in force where it was {Vol. PM-A1, p. 517} acquired. Any different provisions retrospective in their operation would interfere with the rights of parties and conflict with the provisions of other laws. It has been the policy of all well regulated governments to respect the laws or rules of comity in such cases. Mr. Justice Story in treating of this subject recognizes the following rule: "The law of the matrimonial domicil is to prevail as to the antecedent property but the property acquired after the removal is to be governed by the law of the actual domicil." Con. Laws p. 153. The same rule is enforced by the Supreme Court of Louisiana. Balfour v. Chen, Com. Rep. La., Vol 3, p. 639. In this case the property of the wife vested in the husband by marriage in the State of North Carolina the common law being in force there. The parties afterwards removed to Louisiana where the law of community prevails. It was held that the removal did not divest the husband of title. These principles have been established it seems at the expense of much contrariety of opinion among legal writers who have brought every argument to bear upon the subject that either reason could furnish or ingenuity invent. We shall therefore take them as our guide in the present case. By virtue of the law of Alabama the title to the negroes acquired there vested in the deceased and his subsequent removal to Texas did not divest it. The title to the two children born in Texas will follow the title to their mothers whether born before or after the death of the deceased, a principle entertained both by the common law and the law of community. "Gale v. Davis heirs," Con. Rep. Sup. Court La. Vol 1, p. 312. It would not be necessary to mention this rule only for the purpose of disposing of the two children. Before we conclude it will be proper {Vol. PM-A1, p. 518} to notice briefly the arguments of counsel. It is urged for the Defendant that the negroes mentioned cannot be the separate property of decedent since they were not acquired by gift, devise or descent by him during the marriage nor brought by him into it, the methods of acquisition adopted by our statutes to distinguish separate from common property, but being acquired by the common industry of both during the marriage they are common property. This reasoning presupposes that the property was acquired under a law of community which adopted those methods of acquisition to distinguish separate property from common property which if true would be correct. But the facts are otherwise. That portion of the property of this estate acquired in Texas during the marriage will answer to the argument, but as to the property brought from Alabama the terms "separate" and "common" have but little to do necessarily with the settlement of the question. If they had we should say that as by our statutes the term common supposes a title in two persons and "separate" a title in one. The property which is the subject of this controversy was the "separate" and not the "common" property of the deceased being solely and absolutely vested in him. We therefore conclude that the said negroes are the sole property of the deceased. It is therefore Ordered, adjudged and decreed by the Court that the following negroes, to wit: Bob, Edward, Oliver, Arie, Sylva, Patsy & child, Violet, Isaac and Miles be considered the separate and sole property of William Woodley deceased and that it be distributed accordingly under the laws of Texas regulating descent and distribution in force at the time of the death of said Woodly. {Vol. PM-A1, p. 519} Estate of Wm Woodley decd The application for distribution of said Estate is continued until the next Term of this Court. {Vol. PM-A1, p. 526} Talitha Woodly vs. Complaint W. H. Woodly In this case W. H. Woodly files his affidavit for continuance, It is therefore Ordered by the Court the same be continued until the next term of this Court. {Vol. PM-A1, p. 550} Estate of Wm Woodly decd Talitha Woodly Administratrix of the Estate of William Woodley decd files her petition representing that the Property of said Estate is not in a situation to be distributed & that it will be to the interest of the Estate to keep the property together during the succeeding year 1850 and praying an Order to carry on the farm for said year 1850. And the Court being satisfied in relation thereto, Orders that said Talitha Woodly be authorized to keep together said property & carry on said farm for the year as aforesaid, or to hire the negroes & rent the farm for said year as to her may seem best for the interest of said Estate. {Vol. PM-B, p. 67} Estate of William Woodly Decd The case of W. H. Woodley is Continued by Consent until the next Term of the Court. {Vol. PM-B, p. 81} Estate of Wm Woodley, decd Wingate H. Woodley is allowed until the next term of this Court for the hearing of his complaint in Case of Advancement from the Estate. {Vol. PM-B, p. 103} Friday Morning Nov 1st 1850 8 O'clock A. M. The Court met pursuant to adjournment. {in margin} Copied 8th November 1850 Estate of William Woodley decd On Motion of the Chief Justice It is Ordered that Talitha Woodley Administratrix of said Estate be cited to be and appear at the next Term of this Court, to render an Exhibit of the Condition of said Estate and to make a settlement of her Accounts of the same since the last Settlement. {in margin} Copied 8th November 1850 Estate of Wm Woodley Decd On the Application of Robert Walton and Sarah his wife and G. D. McJimsey and Caroline his wife heirs of said Estate-It is Ordered by the Court that Citation issue (a former application having abated) to Talitha Woodley Admx of said Estate and as Guardian for the minor heirs of the same, to wit: Amanda Malvina Woodley, James Woodley, Julia Ann Woodley, and Talitha Araminta Woodley, And Citing also Wingate H. Woodley, Amanda Woodley as Guardian of James Woodley and George Woodley, minor heirs of Jonathan Woodley, deceased, who was also an heir of said Wm Woodley decd, Elizabeth Tiller and her Husband Wm Tiller, Lucinda Westmoreland and her Husband Joseph Westmoreland, Caroline McJimsey & her Husband Geo. D. McJimsey, Sarah Walton & her Husband Robert Walton, Marian Mitchell and her Husband Peter Mitchell, to be and appear at the next Term of this Court to be held on the last Monday in November (1850) Eighteen hundred & fifty to show cause if any they have why Partition and distribution of the Estate of said Wm Woodley should not be made. {Vol. PM-B, p. 123} Nov. Term 1850. Estate of Wm Woodley Decd The issue in the Ascertainment of Advancements to Wingate H. Woodley one of the Distributees of the Estate of William Woodley decd being made up and the evidence heard-It is Considered by the Court that the said Wingate H. Woodley is Chargeable with the sum of Three hundred dollars as advancements as an heir and distribute of the Estate of the said William Woodley deceased, And that the said sum be and it is hereby adjudged against him in the distribution of the same. {Vol. PM-B, p. 128} Thursday Morning Nov 28th 1850 the Court met pursuant to adjournment at 10 O'clock A. M. Estate of William Woodley decd Talitha Woodley, Guardian of Amanda Malvina Woodley, Jane Woodley, Julian Woodley, and Talitha Araminta Woodley minors being interested in the distribution and partition of the Estate of William Woodley decd with the said minors, It is therefore Ordered by the Court that Edwin Catin be and he is hereby appointed Guardian ad litem for the said minors to represent them in said particulars. Estate of William Woodley decd Ordered by the Court that Bailey Anderson, G. W. Gresham & Gideon Nance be and they are hereby appointed Commissioners to partition and distribute the property belonging to the said Estate. {Vol. PM-B, p. 129} {in margin} Issued the 5th Decr 1850 The Estate of William Woodley decd The application for the partition and distribution of the Estate of William Woodley deceased being heard and considered, Citation having been served as required by law and it being ascertained by the Court who are the persons by law entitled to partition and distribution of said Estate and their respective shares and a guardian ad litem having been appointed and all things necessary in the premises fully inquired into and advancements settled. It is Ordered, adjudged and decreed that of the separate property to wit: Negro Slaves Bob, Edward, Oliver, Arie, Sylva, Patsy & her child name unknown, Isaac, Miles, Violet and Patsy's last child and Sylva's last child each about four months old names unknown belonging to the Estate of William Woodley deceased, the heirs each are entitled as follows, to wit: Wingate H. Woodley, a citizen of Harrison County, Texas, to One Eleventh part deducting Three hundred dollars the amount of his advancement. George Woodley and James Woodley Children of Jonathan Woodley deceased, Citizens of Harrison County, Texas, to One Eleventh part deducting two hundred and fifteen dollars the amount of advancement to the said Jonathan Woodley. Elizabeth Tiller, wife of William Tiller, Residents in Panola County, Texas, to One eleventh part deducting thirty seven dollars the amount of her advancement. Lucinda Westmoreland, wife of Joseph Westmoreland, Resident in Panola County, Texas, one Eleventh part deducting One hundred and sixteen dollars the amount of her advancement. Caroline McJimsey, wife of George D. McJimsey, Resident in Panola County, Texas, To One Eleventh part deducting One hundred dollars the Amount of her Advancement. Sarah Walton, Wife of Robert Walton, Resident in Panola County, Texas, to One Eleventh part. Mary Ann {Vol. PM-B, p. 130} Mitchell, wife of Peter Mitchell, Resident in Harrison County, Texas, to One Eleventh Part. Amanda Malvina Woodley, Jane Woodley, Julia Ann Woodley, and Talitha Araminta Woodley minors resident in Harrison County, Texas, each to One Eleventh Part and of the Common property of the estate of the said William Woodley deceased to Wit-One bay mare and Colt, One Mule, One lot of Cattle, One lot of hogs, three hundred and twenty seven acres of land improved in Harrison County-Two hundred acres of land situated in Harrison County improved- six hundred and sixty six acres of land situated in Lavacca County, Texas-One hundred and sixty acres of land situated in Panola County, Texas-six hundred and forty acres of land in Rusk County, Texas-One Certificate headright of James McMillen for six hundred and forty acres of land-One Certificate for three hundred & twenty acres of land headright of William Woodley. Talitha Woodley, Widow of said decedent resident of Harrison County is entitled to One half and the said Wingate H. Woodley, Elizabeth Tiller, Lucinda Westmoreland, Caroline McJimpsey, Sarah Walton, Mary Ann Mitchell, Amanda Melvina Woodley and Talitha Araminta Woodley, Jane Woodley and Julia Ann Woodley each to One Eleventh part of the remainder and the said James Woodley and George Woodley heirs of Jonathan Woodley deceased jointly to One eleventh part of the said remainder. Amanda Woodley, widow of the said Jonathan Woodley, being the guardian of the persons and Estate of the said George and James Woodley Minors. Estate of William Woodley decd A decree of partition having been entered of the said Estate and Commissioners of partition and distribution appointed, It is therefore Ordered by the Court that a Writ of Partition issue directed to the said Commissioners Commanding them to proceed forthwith to partition and distribute the property of the said Estate in accordance with the decree for that purpose made and to report their proceeding of the same under the said Writ to the next Term of this Court. {Vol. PM-B, p. 176} Decr Term 1850 Estate of William Woodley Deceased G. W. Gresham, Gideon Nance and Bailey Anderson as Commissioners having reported their proceedings under a Writ of Partition issued to them which report states the Negroes of said estate and their valuation as follows, To Wit: Oliver of the value of $1100.00 Edward of the value 1000.00 Bob of the value 350.00 Isaac of the value 600.00 Miles of the value 550.00 Silvey of the value 650.00 Patsey of the value 250.00 Aria of the value 250.00 Violet of the value 150.00 Wesley of the value 100.00 Sampson of the value 150.00 And other property as follows, To wit: 237 acres of Land the home place 490.50 200 acres part improved 300.00 The Headright Certificate of James McMillan for 640 acres 80.00 Headright Certificate of Wm Woodley 320 acres 40.00 15 Head of Cattle 119.50 One Mule 40.00 They further report that the 666 acres of land in Lavacca County, Texas, 160 acres in Panola County and 640 acres in Rusk County is not valued by them it being inconvenient for them to travel to the premises & could not be valued without viewing the same and that the Mare and Colt and hogs mentioned in said decree are not found on the premises. They further report that the home place containing three hundred and twenty seven acres they have divided into two equal portions by running a line through the Middle of the same East and West, And that they have allotted to Telitha Woodley the surviving widow of the Decedent the south half of said land containing one hundred and sixty three & one half acres of the value of Two {Vol. PM-B, p. 177} Hundred and forty five Dollars and twenty five Cents and that the other half of said land One hundred and sixty three and one half acres of the value of Two hundred and forth five Dollars and Twenty five Cents they have allotted to the other heirs of said estate. They further report that all the other property herein before mentioned is incapable of a fair and equal distribution. Said report being duly considered It is ordered, adjudged and decreed the same be and is hereby Confirmed. And it is further ordered that it be recorded. Estate of William Woodley Deceased The Commissioners of Partition and distribution of the estate of said Decedent having reported that it is impracticable to make a fair and equal distribution of the same, It is therefore ordered by the Court that the Administratrix of said estate sell on a Credit of Twelve Months Fifteen head of Cattle at her house on the Twenty fifth day of January Inst observing all the requirements of the law in such Cases made & provided. {Vol. PM-B, p. 178} Decr Term 1850 Estate of William Woodley Decd The Commissioners of partition and distribution of said Estate having reported that they cannot partition the property of said Estate and the said report having been Confirmed, It is therefore Ordered by the Court that Talitha the Administratrix of the said Estate proceed to sale on a credit of Twelve months at the Court house door in the Town of Marshall on the first Tuesday in February next the property reported as aforesaid, To wit: Negroes Oliver, Edward, Bob, Isaac, Miles, Sylva, Patsy, Arie, Violett, Elijah, Wesley, Sampson and other Property as follows to wit: The North half of the homestead tract Containing one hundred sixth three and a half acres, Two hundred acres of land partly improved, the headright Certificate of James McMillan for six hundred & forty acres, the headright Certificate of William Woodley for three hundred & twenty acres, One Mule, observing the requirements of the law in such cases made and provided and and that she report the proceedings under the said Order to the February Term of this Court. {Vol. PM-B, p. 215} Vacation February 4th 1851 Estate of William Woodley Decd Ordered by the Court that Bryant S. Mangram, Bailey Anderson & G. W. Gresham be and they are hereby appointed appraisers to appraise the property belonging to the Minor heirs of William Woodley decd and that they report the same to the next term of this Court. {Vol. PM-B, p. 216} In Vacation February 7th 1851 Estate of William Woodley It is ordered by the Court that due publication be made that the administratrix of said Estate will present at the next Term of this Court her Accounts for final settlement and allowance. {Vol. PM-B, p. 226} Feby Term 1851 Estate of William Woodly decd Talitha Woodly Administratrix of the Estate of William Woodly decd having filed her accounts at the last Term of the Court for allowance & final settlement and due notice having been given thereof that she would apply at this Term of the Court for settlement and the same being now open and no objections thereto appearing, It is therefore Ordered by the Court that the same be allowed And it is further Ordered that the same be recorded. Estate of William Woodly decd Talitha Woodly Administratrix of the Estate of William Woodly decd having filed her report of the sale of the perishable property of said Estate and the same having been examined by the Court and found to be correctly and fairly made, It is Ordered by the Court that the same be & it is hereby confirmed, And it is further Ordered that said report be recorded. Estate of William Woodly decd Talitha Woodly Administratrix of said Estate having reported the sale of the property Ordered by this Court to be sold for purposes of distribution, And it appearing that the same was fairly made and in conformity with the Law, and it further appearing that at said sale William E. Adams became the purchaser of Edward, a negro man at the price of one Thousand and fifty five dollars, {Vol. PM-B, p. 227} Feby Term 1851 It is therefore Ordered that the said sale to the said Adams be and it is hereby confirmed and it is further Ordered that the said Administratrix be and she is hereby required to make and execute a bill of sale accordingly upon the said Adams' compliance with the Terms of said sale. Estate of William Woodly deceased Talitha Woodly Administratrix of said Estate having reported the sale of the property ordered by the Court to be sold for purposes of distribution and it appearing that the same was fairly made and in conformity with law, And it further appearing that at said sale Francis Oneal became the purchaser of Isaac, a negro man, at the price of nine hundred and one dollars, It is therefore ordered that the said sale to the said Oneal be and it is hereby confirmed, and it is further Ordered that the said Administratrix be and she is hereby required to make and execute a bill of sale accordingly upon the said Oneal's compliance with the Terms of said sale. Estate of William Woodley decd Talitha Woodly Administratrix of said Estate having reported the sale of the property ordered by this Court to be sold for purposes of distribution and it appearing that the same was fairly made and in conformity with Law and it further appearing that at said sale Robert J. Clopton became the purchaser of Miles, a negro boy, at the price of six hundred and fifty dollars, It is therefore ordered that the said sale to the said Clopton be and it is hereby confirmed, And it is further Ordered that the said Administratrix be and she is hereby required to make and execute a bill of sale accordingly upon the said Clopton's compliance with the Terms of said sale. Estate of William Woodly decd Talitha Woodly Administratrix of said Estate having reported the sale of the property ordered to be sold by the Court for purposes of distribution and it appearing that the same was fairly made and in conformity with Law and it further appearing that at said sale V. N. Vivian became the purchaser of Ary, a negro woman, at the price of four hundred and ninety Dollars, It is therefore ordered that the said sale to the said Vivian be and it is hereby confirmed, And it is further Ordered that the said Administratrix be and she is hereby {Vol. PM-B, p. 228} Feby Term 1851 required to make and execute a bill of sale accordingly upon the said Vivian's compliance with the Terms of said sale. Estate of William Woodly decd Talitha Woodly Administratrix of the Estate of William Woodly decd having filed her report of the sale of property ordered by the Court to be sold, And it appearing to the Court that at said sale the following property in part was sold, To wit: One hundred & sixty three acres of land a part of the homestead 163 acres Land--$2.50 per acre G. D. McJimsey $407.50 200 Do Do --Headright of Fmly Peter Mitchell at $1.32 per acre 264.00 Wm R. Spencer bought the headright certificate of McMillan for 124.00 Francis Oneal bought the headright certificate of William Woodley @ 80.00 Talitha Woodly bought Oliver, his wife and Two children @ 2327.50 James Westmoreland bought Bob @ 500.00 Talitha Woodly bought Sylva & her Two children 1200.00 And it appearing that the said sale was fairly made, It is Ordered that the same be and it is hereby confirmed-and it is further ordered that the same be recorded & that the Administratrix make titles accordingly. Ordered by the Court that the Court adjourn until Tomorrow morning 8 O'clock. Wednesday morning Feby 26th AD 1851 the Court met pursuant to adjournment. Estate of William Woodley decd The accounts of Talitha Woodley, Administratrix of said Estate, having been settled And it appearing therefrom that the Common funds that came to her hands amount to the sum of $6032.10. And that she has paid out as debts against the Common fund the amount of thirteen hundred & forty-one Dollars and 11/100--$1341.11. And that the separate funds that came to her hands Amt. to-Seven thousand five hundred & thirty one Dollars--$7531.00. And that she has paid out as debts against the separate funds the sum of one hundred & sixteen Dollars--$116.00 And the said fund being taken up for distributions and it appearing that Talitha Woodly Administratrix of the said {Vol. PM-B, p. 229} Feby Term 1851 Estate is the widow of decedent and as such entitled to one half of the common property and as Administratrix she is entitled to her legal commissions. And it appearing further that Wingate H. Woodley, Jonathan H. Woodley's heirs, Elizabeth Tiller, wife of William Tiller, Lucinda Westmoreland, wife of Joseph Westmoreland, Caroline McJimsey, wife of George D. McJimsey, Sarah Walton, wife of Robert Walton, Mary Ann Mitchell, wife of Peter Mitchell, and the minors Amanda Malvina Woodley, Jane Woodley, Julia Ann Woodley, & Telitha Araminta Woodley are the children of said decedent. Saving the heirs of Jonathan H. Woodley, the said Jonathan being one of the children of said decedent, are by Law entitled to one half of the common property and all the separate property after deducting from both the debts and commissions. And it further appearing that Wingate H. Woodley received by way of Advancement the sum of $300.00 Jonathan H. Woodley received as Advancement 215.00 Elizabeth Tiller -- do do -- 37.00 Lucinda Westmoreland " " 116.00 Caroline McJimsey " " 100.00 Advancements Total $768.00 And it further appearing that the commissions due the Administratrix for collecting the Common fund is $301.63 And on the Amount paid out as debts against the Common fund 67.05 $368.68 And that the Commissions for collecting the separate fund is 376.55 And the Comn. of the Amount paid out as debts on the separate fund 5.80 And that the commissions for paying out the shares to the children 478.90 $861.25 And it appearing that there remains of the Common fund after deducting debts and commissions the sum of $4322.91 Amount of Advancements considered as Common fund 768.00 Total Common fund to be distributed 5070.91 Children's part of Common fund 2545.45 ½ And it further appearing that there remains of the separate fund after deducting debts & Commissns. the sum of $7032.65 Add children's part of Common fund 2545.45 ½ $9578.10 Deduct commissions on Children's share 478.90 Sum total to be distributed between the children $9099.20 The premises considered, It is Ordered, adjudged and decreed that Telitha Woodly as widow as aforesaid take one half of the Common fund remaining after the payment of all debts and retaining Commissions as Administratrix amounting to $2545.45. And that the share of each of the children is as follows: Wingate H. Woodly's share $827.20 deduct Advancement of 300.00, Balance $527.20 Jonathan H. Woodly's do 827.20 do do 215.00, do 612.20 Elizabeth Tiller's do 827.20 do do 37.00, do 790.20 {Vol. PM-B, p. 230} Feby Term 1851 Lucinda Westmoreland's Share $827.20, Advancement $116.00, Balance $711.20 Caroline McJimsey's Do 827.20, Do 100.00, Balance 727.20 Sarah Walton's Do --no advancement-- Share 827.20 Mary Ann Mitchell's Do Do Do 827.20 Amanda Melvina Woodly's Do " " 827.20 Jane Woodly's " " " 827.20 Julia Ann Woodly's " " " 827.20 Talitha Araminta Woodly's " " " 827.20 And it is further Ordered by the Court that the said Administratrix be and she is hereby required to pay the said sums to the persons entitled to receive the same so soon as the same shall be collected. {Vol. PM-B, p. 281} May Term 1851 . . . Estate of William Woodley Deceased It being shown in the report of the Commissioners of partition of the property of said Estate that the Commissioners could not place a valuation upon six hundred and sixty six acres of Land in Lavacca County, Texas, one hundred and sixty acres in Panola County and six hundred and forty acres in Rusk County without a view thereof and said lands being so remote that they could not conveniently visit the same for the purpose of valuing them, And it appearing to the satisfaction of the Court that the {Vol. PM-B, p. 282} May Term 1851 said lands cannot be conveniently distributed between the distributes, It is therefore ordered by the Court that Telitha Woodley Administratrix of said Estate be and she is hereby required to sell the said lands to the highest bidder at the Court house door in the Town of Marshall on the first Tuesday in July next on a credit until the first day of January 1852, And that she observe all the requirements of the law in such cases made and provided. {Vol. PM-B, p. 337} August Term 1851 . . . Estate of William Woodley Deceased Telitha Woodley Administratrix of the Estate of William Woodley Deceased having made the report of sale of Six hundred and forty acres of land belonging to said Estate located by virtue of the Headright Certificate of ______________ in the County of Rusk and State of Texas made by virtue of an order of this Court for purposes of distribution and the said report being fully examined by the Court and approved, It is ordered that the said sale be and it is hereby Confirmed. And it is further ordered that the report thereof be recorded. And it also appearing that Robert Walton became the purchaser of said land at the price of six hundred and seventy two Dollars. It is therefore ordered that said Administratrix execute title to the said land to the said Walton upon his Complying with the requirements of the law & the terms of said Sale. Estate of William Woodley Deceased Telitha Woodley Administratrix of the Estate of William Woodley Deceased having made a report of the Sale of One hundred and Sixty acres of land belonging to said Estate, a portion of the tract located by virtue of the Headright Certificate of Alvin Rogers in the County of Panola and State of Texas made by virtue of an Order of this Court for purposes of distribution and the said report being duly examined and approved {Vol. PM-B, p. 338} August Term 1851 It is ordered that the said sale be and it is hereby confirmed and it is further ordered that the report thereof be recorded. And it also appearing that Joseph Westmoreland became the purchaser thereof at the sum of Sixty five Dollars and Sixty cents, It is further ordered that said Administratrix execute a title to said land to the said Westmoreland upon his Complying with the requirements of the law and the terms of said Sale. {Vol. PM-B, p. 576} County Court October Term A.D. 1852 Be it remembered that on Monday the 25th day of October 1852 being the last Monday in said Month A County Court pertaining to the Estates of Deceased persons, Guardians &c. was began and held in and for the County of Harrison at the Court House in the Town of Marshall. Present & Presiding - T. A. Patillo, Chief Justice S. R. Perry Sheriff By Wm. A. Lincoln Dept O. Hendrick Clerk By E. Catin Dept Estate of Wm Woodley Decd Wingate H. Woodley having filed his application for Letters of Administration De bonis non on the Estate of Wm. Woodley deceased, and due Notice of the Same having been given and no objection being filed. It is therefore Ordered by the Court that Letters of Administration de bonis non issue to the said W. H. Woodley upon his giving bond and security in the Sum of Fourteen thousand Dollars. {Vol. PM-B, p. 584} October Term 1852 . . . Estate of Wm. Woodley Decd Ordered by the Court that S. R. Perry, J. R. Ford and Edwin Catin be and they are hereby appointed Appraisers to appraise the property belonging to the Estate of William Woodley deceased and that they report the same to this Court within the time prescribed by law. Estate of Peter Mitchell Decd Mary Ann Mitchell Administratrix of said Estate having intermarried with Thomas H. Tisdale, It is Ordered by the Court that the said Tisdale be and he is hereby appointed Co Administrator of the said Estate and that they give bond accordingly. {Vol. PM-B, p. 603} Estate of Wm Woodley decd Wingate H. Woodley Administrator de bonis non of the Estate of Wm Woodley decd returns into Court an Inventory of said Estate. {Vol. MR-C, p. 59} Estate of Wm Woodley decd Wingate H. Woodley Administrator de bonis non of the Estate of Wm Woodley deceased having filed his Exhibit of the Condition of said Estate and his accounts with the same for final Settlement together with his application for leave to resign his said Administration, And it appearing to the Court that twenty days Notice has been given in the Manner prescribed by law that said Exhibit account and application would be considered at this term of the Court, And the same coming on to be heard and considered and it appearing to the Court that the said Exhibit is fully made, It is Ordered that the same be recorded and it also Appearing that said Accounts are truly and fairly stated and no objection appearing to the same, It is Ordered that they be and are hereby Allowed and It is further Ordered that the said Administrator be and he is hereby Allowed to resign his said Administration as in his said application asked for which is hereby Ordered to be recorded and it is further Ordered that said resignation take effect instanter. Estate of Wm Woodley Deceased Whereas Wingate H. Woodley having filed his Application in Court to resign his trust as adminis de bonis non and whereas at this Term of the Court an Order was entered on the minutes of said Court discharging him from such Administration and Whereas Thos. H. Tisdale having filed his Application for letters of Administration de bonis non on the said Estate and Notice of the same having given as required by law and no objection being filed, It is Ordered by the Court that the said Thomas H. Tisdale be and he is hereby Appointed Administrator of the Estate of Wm Woodley decd and that letters issue to him accordingly by his giving bond and Security in the Sum of Fourteen thousand dollars. {Vol. MR-C, p. 68} 1853 {in margin} Vacation Mar 24th Estate of Wm Woodley Decd Ordered by the Court that Gideon Nance, G. D. Roberts & J. C. Craig be and they are hereby appointed appraisers to appraise the property belonging to the Estate of Wm Woodley decd which has come into the hand of Thomas H. Tisdale Administrator de bonis non of said Estate and that they report the same to this Court in accordance of law. {Vol. MR-C, p. 123} June 1853 {in margin} June 1st 1853 Estate of Wm Woodley decd Thos H. Tisdale Administrator de bonis non of the Estate of Wm Woodley decd has returned into Court and Inventory of said Estate. {Vol. EM-D, p. 53} Dec. Term A. D. 1855 . . . Estate of Wm Woodley decd It appearing to the Court that Jonathan Craig one of the securities of Thomas H. Tisdale Administrator of the Estate of Wm Woodley decd has removed beyond the Jurisdiction of the Court It is therefore Ordered that the said Thomas H. Tisdale be and he is hereby required to Execute and file a new Bond as such administrator by or before the last Monday of January Inst-And that Notice issue forthwith accordingly. {Vol. EM-D, p. 70} In Vacation February 8th 1856 Estate of Wm Woodley decd Thomas H. Tisdale having failed to file a new bond as Administrator of the estate of Wm Woodley decd within the time prescribed by an Order of this Court and presenting said new bond now, It is Ordered that the same be filed and recorded. {Vol. EM-D, p. 154} County Court September Term 1856 . . . Estate of Wm Woodley Decd The application of Spearman Holland Sr vs. Thomas H. Tisdale Administrator de bonis non of the Estate of Wm Woodley deceased to make title to Land is continued to the next term of this Court to be considered. {Vol. EM-D, p. 165} Estate of Wm Woodley Decd The application of Spearman Holland Sr vs. Thos H. Tisdale Administrator de bonis non of the Estate of Wm Woodley decd to make title to land is hereby continued to the next regular Term of this Court. {Vol. EM-D, p. 181} County Court Novr Term 1856 . . . Estate of William Woodley decd It is ordered that the application of Spearman Holland against the Admr of said Estate be and the Same is hereby dismissed. {Vol. EM-D, p. 384} County Court Decr Term 1857 . . . Estate of Wm Woodley decd On application It is ordered by the Court that Twenty days notice be given that Thomas H. Tisdale Admr de bonis non on the Estate of William Woodley decd that said said Admr has filed his accounts & vouchers with said Estate in my Office, which accounts & vouchers will be opened at the January Term of this Court 1858for allowance and final settlement, when & where all persons interested in said Est. may appear & contest the Same if they see proper. {Vol. EM-D, p. 434} County Court January Term 1858 . . . Estate of William Woodley decd Thomas H. Tisdale Administrator de bonis non of the estate of William Woodley decd having filed in this Court his account with {Vol. EM-D, p. 435} County Court January Term 1858 said Estate for final settlement verified by affidavit which is approved and allowed by the Court, & ordered to be recorded. It appears that there is (after the payment of all debts, costs &c) remaining in the hands of said Tisdale Twelve hundred thirty six dollars & seventy six cents subject to distribution. It appears from Statements outside the record made by a portion of the heirs and the administrator of Mrs. Telitha Woodley that the Estate of said Telitha Woodley is entitled to Five hundred & Eight dollars & forty five cents by reason of the said Telitha as administratrix of the Estate of William Woodley having paid to the heirs of said Estate of her own funds that amount, and said Telitha's Estate is entitled to interest on same amounting to $111.15 which together the sum of $619.60. It appears that Mrs. Woodley was as administratrix allowed & paid by order of Court for collecting & paying out $2794.00 which she did not do which amounts to 279.40 Leaving a balance due said Talitha's Estate of $340.20 It appears that the heirs of Jonathan Woodley owes the Estate of William Woodley the sum of $80.00 which is considered as an advancement. It appears that the Estate of the said Talitha Woodley is entitled to one half the balance funds for distribution it being community property which amounts her share to the sum of $488.28 Share of Telitha Woodley's Est. $828.48 To be divided among the heirs of William Woodley's Estate $488.28 It appearing that there is due to the heirs of Jonathan Woodley an account of interest by reason of the share due them not being paid at the time it was due the sum of $58.93 To Jane Woodley interest same cause 4.89 1/3 To Julia Woodley " " 4.89 1/3 To Araminta Woodley " " 4.89 1/3 To Caroline McJimsey " " 2.95 To Mary Ann Tisdale's heirs " " 24.24 To Elizabeth Tiller " " 54.80 To Sarah Walton " " 19.66 175.26 And it appears that after paying said sums of interest there remains to be divided the sum of $313.02. Each heir's part $28.45 7/11 It is therefore ordered that T. H. Tisdale administrator as aforesaid of the Estate of William Woodley {Vol. EM-D, p. 436} County Court January Term 1858 decd pay to the admr of Telitha Woodley the sum of $828.48 To Winguet H. Woodley the sum of 28.45 To Heirs Jonathan Woodley " " 7.38 To Caroline McJimsey " " 31.40 To Elizabeth Tiller " " 83.45 To Lucinda Westmoreland " " 28.45 To Sarah Walton " " 48.11 To Heirs Mary A. Tisdale " " 52.69 To Amanda M. Woodley " " 28.45 To Jane Woodley " " 33.34 ½ To Julia Ann Woodley " " 33.34 ½ & To Telitha A. Woodley " " 33.34 ½ $1236.69 Who are the distributees of the said Estate of William Woodley or to their assigns or agents taking receipt for same. {Vol. EM-D, p. 445} County Court February Term 1858 . . . Friday morning Feby 26th 1858 Court met pursuant to adjournment. . . . Estate of William Woodley decd Thos H. Tisdale Admr De bonis non of the Estate of William Woodley decd having filed in this Court all the receipts of the heirs and distributees of said Estate showing that he has fully administered said Estate and it appearing to the Court that there is nothing remaining in his hands as said Administrator-- It is therefore Ordered by the Court that the said Administrator Thos H. Tisdale together with his securities be & they are hereby discharged from their bond. {Vol. EM-D, p. 476} County Court April Term 1858 . . . Thursday morning April 29th 1858 the Court met pursuant to adjournment-present as on yesterday. Estate of William Woodly decd Thomas H. Tisdale having filed his application for letters of Administration de bonis non on the Estate of William Woodly decd and due notice having been given and no objection filed It is Ordered by the Court that Thomas H. Tisdale be & he is hereby appointed Administrator de bonis non of the Estate of William Woodley decd and that he give bond and security in the sum of ____________.