Estate Records of Joseph McCarty, Lamar County, Texas Transcribed from copies of original documents by Priscilla Watkins and Tony Abruscato. Submitted by: Sue Skay Abruscato (sueskay@pacbell.net) Note: Joseph McCarty is the proven son of Jacob and Catherine McCarty of Stewart Co., TN. More information can be obtained on this line at: http://www.rootsweb.com/~sueskay/ ---------------------------------------------------------------------------- Estate Records of Joseph McCarty Boxes 380 and 1143 Note: This will was thrown out of court, but the original copy remains in the courthouse. 1. Will of Joseph McCarty The State of Texas - Lamar County Filed June 11, 1853 Know all men by these presents that I Joseph McCarty of the State and County aforesaid being of sound mind and disposing memory do make this my last will and testament first I will and bequeath unto the god who gave it my soul and my body to the dust from whence it came. Second to be buried by my family in a decent respectable Christian like manner. Third I will and bequeath unto my wife Elizabeth C. McCarty the following named servants to wit Jack, James and Andrew. Fourth. I give and bequeath unto my son Joseph McCarty my servant Henry and four cows and calves. Fifth I give and bequeath unto my son John C. McCarty the following property to wit: Lucy and her four children and Emily and a man named Cyrus. Sixth I give and bequeath unto my son Jacob F. McCarty the following property to wit: Ephraigm, Alfred, Mariah, Ebaline, Caroline and a little boy called little Jim. Seventh I give and bequeath unto my wife Elizabeth C. McCarty and my sons John C. and Jacob F. McCarty all the lands that I own and possess jointly to be divided by them satisfactorily. Eight I will and bequeath unto my wife Elizabeth C. McCarty and my sons John C. and Jacob F. McCarty all my stock consisting of horses, mules, cattle, hogs, and sheep except one horse called Sambo . Him I give to my son Joseph McCarty. Ninth I give and bequeath unto my wife Elizabeth C. McCarty all the household and kitchen furniture. Tenth I give and bequeath unto my daughters Sarah Hill and Mary Moore the sum of five dollars each and unto Mary Ann McDonna, Sarah Wells, and William Tinnin the children of my daughter Catharine five dollars each and furthermore to fully carry my intentions I thereby appoint my wife Elizabeth C. McCarty my executrix and that I do not wish my estate handled by the probate courts of this or any other state no more than the probating of this will and all my debts will be paid by my wife Elizabeth C. McCarty. In testimony whereof I have hereunto let my hand and seal this the second day of April in the year of our Lord one thousand eight hundred and fifty three. In presents of Joseph McCarty D. H. Davis H. Brammett The County Court July Term 1853 this day personally appeared David H. Davis and Harrison Bramett subscribing witnesses to the foregoing will of Joseph McCarty deceased. And after being duly sworn according to law seized upon their oath that they saw Joseph McCarty sign seal and acknowledge the within and foregoing will as his last will and testament. And that he signed the same of his own free will and accord and that the same was his last will revoking all others and that we signed the same as witnesses at his request and in the presence of the testator and each other. Given under our hands and seals this 21st day of July 1853. Sworn in open court. 2. The State of Texas} In County of said county pertaining to Successions County of Lamar June Term A.D. 1853 To the honorable John H. Crook chief Justice for said county the petition of Joseph McCarty, Isaiah W. Wells and Sarah Wells his wife, late Sarah Tinnin shows the Joseph McCarty late of said county departed this life not long since and that since his demise opposes an instrument of writing purporting to be the last will and testament of said Joseph decd has been filed with the clerk of the county court of said county for probate at this term of your honors court by Elizabeth McCarty, executrix mentioned in said instrument petitioners further show that Joseph McCarty one of the petitioners is a son of said Joseph McCarty decd and that Sarah Wells is a granddaughter of said decd being daughter of Catharine Tinnin decd who was Catharine McCarty daughter of decd. Your petitioners being advised and believing that the said instrument purporting to be the last will and testament of Joseph McCarty is not good and noted as such in. They protest and offer the following objections to the probate and registration of said instrument first because William H. Tinnin, a grandson of said testator being the son of the said Catherine Tinnin is wholly disinherited and also that Sarah Wells is disinherited by the said paper or instrument of writing as also other heirs of said deceased. Secondly petitioners say that there is a large amount of property not disposed of by said instrument belonging to the estate of deceased. Your petitioners, citizens of said county, county having filed this this caveat or protestation objecting to the receptions and probate of said instrument of the will of said deceased pray that the same may not be probated and received as such and for such oaths and legal action in the promised as shall since must to your honor to grant to us in duty, bound petitioners will we pray. Isaiah W Wells Joseph McCarty, Jr. 3.The State of Texas} To the Sheriffs of Lamar County Greeting County of Lamar} In the name and by the authority of the State of Texas You are hereby commanded to summon William Tinnin Seignior if to be found in your county to be and personally appear before the Hine County Court pertaining to the Estate of Deceased persons to be holden on the last Monday of this Sept. 25th to give evidence in a case therein pending in which the last will and testament of one Joseph McCarty is sought to be proven and admitted to record. Herein file and make and return of this act at the Clerks office on the return day thereof in the Town of Paris this the 11th day of July A.D. 1853. John S. Chisum Clerk of the County Court. 4.The State of Texas} In District Court County of Lamar} Fall Term A.D. 1854 Monday 13th, Nov A.D. 1854 Elizabeth McCarty vs.} Appeal from County Court Joseph McCarty and Others Then came the parties by their attorneys and presents the reports of the commissioners filed in this cause at the last term of this court which is received and ordered to be spread upon the minutes which is as follows - to wit The State of Texas} We the undersigned commissioners appointed by the County of Lamar} parties to and apportion the estate of Joseph McCarty decd make the following apportionments. 1st Lot No-1 of the following description to wit one Negro woman named Lucy valued at seven hundred dollars, one boy named Anthony valued at five hundred and fifty dollars, one girl named Vina valued at five hundred and fifty Dollars, the half of one Negro man named Jack valued at Two hundred dollars, and land and stock valued at seventy six dollars and seventy five cents unto John C. McCarty. Lot No. 2 to wit One Negro woman named Emily valued at Eight hundred Dollars, one boy named Mose valued at five hundred Dollars, one little Girl named Lucy three hundred and fifty dollars, the half of one man named Jack valued at two hundred Dollars and Land and stock valued at Seventy six Dollars and Seventy five cents unto Jacob F. McCarty. Lot No. 3 to wit One Negro man named Henry valued at one thousand dollars, one man named Cyrus valued at Eight hundred Dollars and land and stock valued at One hundred and twenty six and seventy five cents unto Joseph McCarty. Lot No. 4 One Negro man named Alford valued at One Thousand dollars, one Negro woman named Larenie valued Eight hundred Dollars and stock and land valued at one hundred and twenty six Dollars and seventy five cents - unto William H. Tinnin, Sarah J. Wells, and Mary Ann McDonna. Lot No. 5 One Negro woman named Ephraim valued at One thousand Dollars, One Negro woman named Mariah valued at Three hundred Dollars and One Boy named little Jim valued at three hundred and fifty Dollars and stock and land valued at Two hundred and Seventy six dollars and seventy five cents unto Mary Moore. Lot No. 6 - One Negro man named Andrew valued at Eight Hundred Dollars, One woman named Emaline and her child valued at nine hundred dollars, one old negro man named Jim valued at one hundred dollars, and stock and land valued at one hundred and thirty five Dollars and seventy five cents unto Sarah Hill. It brings the full amount of property shown to us as the Estate of Joseph McCarty Decd to wit 200 acres of land valued at $2.00 per acre - $400.00 Negro property of the following description to wit Alfred $1000.00, Andrew 800.00, Ephraim 1000.00, Cyrus 900.00, Henry 1000.00, Mose 500.00 Anthony 400.00, Vina 3500.00, Lucy 350.00, Lucy 700.00, Luvenia 800.00, Evaline and child 900.00, Jack 400.00, Jim 100.00, Emily 800.00, Little Jim 350.00, Mariah 300.00. Total and Negros of $11,150.00. The one half of Eight mules and two horses as community property valued at four hundred and sixty dollars and fifty cents $460.50 -$11,610.50 Apportioned as above to John C. McCarty 1935.08 1/3 Jacob F. McCarty 1935.08 1/3 Joseph McCarty 1935.08 1/3 Sarah J. Wells} Wm H Tinnin} Mary A McDonna} 1935.08 1/3 Mary Moore 1935.08 1/3 Sarah Hill 1935.08 1/3 Total Amt $11610.50 Given under our hands this 25th day of February Anno Domon(sic) 1854. G.W. Wright, D.H. Davis, James C. Record State of Texas County of Lamar} We the undersigned commissioners further agree and determine that all the Legatees of the Estate of Joseph McCarty Deceased as mentioned and named in the article of agreement and on file in the clerk's office of the District Court of Lamar County under date of February 24th 1854 divide equally {viz) pay their proportional part of all costs which may have accrued both in County and District Court. In witness thereof we have this day set our hands and seals February 25th A.D. 1854 G. W. Wright James C. Record D. H. Davis Filed 15th May A.D. 1854 =20J Lang Clk DC Cle Where upon it is ordered, adjudged, and ceded that the partition of said estate of the said Joseph McCarty deceased as made by the foregoing report be and the same is hereby in all things confirmed and made the Judgment of this court except that the stock and land apportioned to Joseph McCarty, Wm. H. Tinnin, Sarah J. Wells, Mary Ann McDonna, and Mary Moore and Sarah Hill be and the same is hereby commuted for the sum of four hundred dollars to be paid in money by the said Elizabeth McCarty to the said Joseph, William H., Sarah J., Mary Ann, Mary, and Sarah for which execution may issue - and all the lands and stock belonging to said Estate is ordered adjudged and decreed unto the said Elizabeth McCarty and it is further ordered adjudged and decreed that the following Negroes to wit Linda, Burrell, Sylvia, William, Madison, Sam, Congress, her child Linda, Abby, Roxana, Rhoda, Mary, Dinah, Dick, Sam, Sally, Tom, Simon, Monro, George, Little Rhoda, and Isaac claimed by the said Elizabeth McCarty as her separate property be and the title to the same are hereby forever vested in her and it is further ordered that the Bill of Costs in this cause be certified to the County Court to be apportioned among the heirs and paid by Estate of said Joseph McCarty, Deceased. 5.State of Texas} Lamar County} Now comes Elizabeth C. McCarty by her attorneys and in open court in or own person and moves the court to prove by David H. Davis and Harrison Brammett subscribing witnessed that the following last will and testament of Joseph McCarty her late husband decd which motioned was sustained and the execution of the will proven. And Joseph McCarty, Isaiah Wells and his wife Sarah Wells filed on the 27th June 1853 their objections to the reception of the will and issuance of letters testamentory. And therefore the said Elizabeth offered she to prove by William Tinnin and other witnesses that the mother of Mrs. Wells had received upon her marriage an advancement in Negro property equal to the amount willed to the others legatees. And said Elizabeth and the, offered to prove that said Joseph McCarty had received an advancement which together with the property willed in equal (or nearly to) to a full distribution Those of the property of Joseph McCarty decd which motions were overruled by the Court and all were excepted to by said Elizabeth. The within Bill of Exception was presented to me after I had decided the case as between the parties. I have refused to sign the same because no such proposition to introduce testimony was made to me before I had given my judgment on the validity of the will. It was not until after I had determined the provisions of the will to be violation of our district provisions that any attempt was made to offer testimony as to former advances. J. H. Crook, Chief Justice Lamar County 6.To the Honorable County Court of Lamar County Your reporter Elizabeth McCarty administrator of Joseph McCarty decd would show unto your Honor that since the final hearing of the suit in the District Court of Elizabeth McCarty vs. Joseph McCarty et al she had been appointed administrator of said Estate that that suit was determined by allotting to the heirs at law of Joseph McCarty all the Negroes set for in the inventory and appraisement filed by your reporter as administrator pro tem on the 26th day of September 1853 and by describing and confirming to your reporter as the widow of the said Joseph McCarty "all the lands and stock" of said deceased upon the condition of your reporters paying the sum of four hundred dollars to the said heirs at law. Your reporter represents that there are large debts yet unpaid against the said Joseph McCarty deced and not for a sufficiency of property left of the original inventory after deducting as aforesaid the slaves, land, and stock do as aforesaid set apart by the decision of the District Court to the said heirs at law and your reporter as widow your reporter charged that she and the heirs at law are liable out of any property received of the estate of Joseph McCarty decd for all the debts of the said Joseph decd. She therefore asks that she be allowed to retain in her hands the aforesaid sum of four hundred dollars so as aforesaid adjudged against her to be accounted for by her to the aforesaid heirs at laws upon a final settlement of the estate. She has in charge and further asks that she be ordered and allowed to sell all the remaining property included in the aforesaid inventory not referred to in the partition made by the District Court and as in duty bound as well ever pray. E.C. McCarty Sworn to and subscribed before me this 13th day of January 1855 =09 J. Long Clk CCLC Joseph McCarty Probate, Lamar Co., TX 1. Book C.413 Co. Court] Petition to have the Last Will and Testament of Joseph McCarty, dec'd Recorded with the will annexed. On motion it is ordered that this case stand continued until the next term of court. 2. Book C.418 Co, Court] Petition to probate the Last Will and Testament of Joseph McCarty, dec'd. This day came the petitioners and presented for probate the Will of the decedent Joseph McCarty dec'd and the defendants having filed objections to the probate of the will, because it seems to the Court that the decedent has not made such a Will as the statutes requires in as much as four of the children are not provided for with a proportional part of the estate of the deceased. Therefore it is ordered that the said Will be not admitted to record, and that the said petitioners pay all cost herein expended and that execution issue [?]. /s/ J.H. Crook Chief Justice Whereupon Elizabeth C. McCarty gave notice of an appeal which was granted by the Court. 3. Book C. In County Court July Term 1853 To all whom it may concern, know ye that I John H. Crook Chief Justice of Lamar County do by these presents constitute and appoint Elizabeth C. McCarty of the County and State aforesaid Administratrix Pro Tem of the estate of Joseph McCarty deceased. She having this day filed bond in the sum of Forty Thousand dollars with security satisfactory to the Court. Therefore she is authorized and required to enter upon and take charge of all and singular the rights, credits, goods, chattels and estate which were of said decedent's and safely keep and administer in accordance with law, and make due return of her proceedings as such administratrix as the law directs. This appointment to continue during the pending of a suit now on appeal from the County Court of this County to the District Court as to the validity and legality of the Will of said Joseph McCarty, deceased. Given under my hand and official seal this the 26th day of July 1853. /s/ J. H. Crook, Chief Justice /s/ John S. Chisum, Clerk On motion James H. Williams, Harrison Beummett and David H. Davis are hereby duly appointed appraisers of the estate of Joseph McCarty, deceased. 4. Book C.440 This day Elizabeth McCarty administratrix Pro Tem of the Estate of Joseph McCarty deceased presented her appraisal bill and an Inventory of said decedent's estate which was examined and approved by the Court and Ordered to be made a part of the Records of this case. 5. [Book D.100] No. 420 From Record Book D.195 Report and Petition to Sell Property. Upon the examination of the Report made in this Case, It appearing to the satisfaction of the Court that the said Elizabeth C. McCarty administratrix of Joseph McCarty deceased is entitled to the ___ as prayed for in her said report & petition. It is therefore ordered, adjudged and decreed by the Court that the said Elizabeth C. McCarty administratrix be allowed to retain in her hand the sum of four hundred dollars to be accounted for by her to the heirs of Joseph McCarty, dec'd upon a final settlement of the Estate she has in charge instead of paying it out in accordance with a decree of the Honorable District Court of Lamar County made in the Case of the said Elizabeth C. McCarty vs. Joseph McCarty et al to enable her to pay the debts due from the estate of Joseph McCarty, deceased. And it also appearing to the satisfaction of the Court that said Elizabeth McCarty administratrix as aforesaid should be permitted to sell all the remaining property included in a report made by the said Elizabeth McCarty administratrix pro tem on the 26th day of September 1853 not referred to in the partition made by the District Court as aforesaid. The premises considered, it is ordered by the Court that the said Elizabeth C. McCarty, Adm. aforesaid proceed to sell all the property referred to and not partitioned by the said District Court on a credit of twelve months taking bond with aforesaid security for the purchase money. 6. State of Texas, County of Lamar} Know all men by these presents that we Elizabeth C. McCarty as principal and David H. Davis and Robert W. Mebane as sureties are held and firmly bound unto the Chief Justice of the County of Lamar in the sum of three thousand dollars for the payment of which will and truly to be made unto the said Chief Justice we bind ourselves, our heirs, executors and administrators jointly and severally firmly by these presents. Signed with our hands and sealed with our seals. The seals being ____ the 27th day of November AD 1854. The condition of this obligation is such that when ever the above bound Elizabeth McCarty has been appointed Administrator on the Estate of Joseph McCarty. Now if the said Elizabeth C. McCarty shall well and truly perform all the duties required of her under said appointment then this obligation shall be null and void otherwise to remain of full force and affect. J. Long, Clk. E. C. McCarty D. H. Davis R. W. Mebane 7. The State of Texas, Lamar County} I do solemnly swear that Joseph McCarty, dec'd without leaving any lawful will as far as I know or believe as the will made by Joseph McCarty=20was set aside by the County Court of Lamar County and that I will well and truly perform all the duties of Administrator of the said Joseph McCarty, dec'd. Sworn to in Open Court this 27th Nov AD 1854 E. C. McCarty 8. Book D.86] November Term AD 1854 Case No. 420, From Record Book C.194, Letters issued. Petition for Letters of Administration. And now on this day comes on this Cause to be heard upon the Petition of Plaintiff and it appearing to the satisfaction of the Court that the notice required by the statute had been given, and there being no objections made or filed in said case. It is therefore ordered by the Court that Letters of Administration issue to said Elizabeth C. McCarty on the Estate of Joseph McCarty deceased. Whereupon the said Elizabeth C. McCarty came into Open Court and entered into bond in the sum of Three Thousand Dollars with David H. Davis and Robert W. Mebane as her sureties for the faithfull performances of her duties as administratrix of the Estate of Joseph McCarty, deceased. Whereupon the said Elizabeth C. McCarty took the oath as required by the statute in case[s] of administrators. 9. Final Probate Book D. 193-197] State of Texas, Lamar County} To the Hon. The Chief Justice of Lamar County. Elizabeth C. McCarty represents that at the July term of the Probate Court of Lamar County AD 1855, She was appointed administration pro tem of the Estate of Joseph McCarty, dec'd her husband which appointment was concluded to the conclusion of a there pending wherein Joseph McCarty et al was plaintiff & your petitions defendant taken from the Probate Court of Lamar County by appeal to the District Court. She reports that said suit has been finally determined. She prays therefore letters of administration on said estate & to this end prays that legal notice be given of this application. Elizabeth C. McCarty Miles Atty. For Petr. To the Hon. The County Court of Lamar County, Greeting. Your reporter Elizabeth McCarty, administrator of Joseph McCarty, dec'd would show unto your Honors that since the final hearing of the suit in the District Court Elizabeth McCarty vs. Joseph McCarty et al she has been appointed administrator of said estate. That that suit was determined by allotting to the heirs at law of Joseph McCarty all the Negroes set forth in the inventory and appraisement filed by your reporter as administrator pro tem on the 26th day of September 1853, and by describing and conferring to your reporter as the widow of the said Joseph McCarty all the lands and stock of said deceased upon the condition of your reporter paying the sum of four hundred dollars to the said heirs at law. Your reporter represents that there are large debts yet unpaid against the said Joseph McCarty, dec'd and not perhaps sufficiency of property left of the original inventory after deducting as aforesaid the slaves, land & stock so as aforesaid set apart by the division of the district court to the said heirs at law and your reporter as widow. Your reporter charges that she and the heirs at law are liable out of any property received of the Estate of Joseph McCarty dec'd for all the debts of the said Joseph. She therefore asks that she be allowed to retain in her hands the aforesaid sum of four hundred dollars so as aforesaid adjudged against her to be accounted for by her to the aforesaid heirs at law upon a final settlement of the Estate she has in charge and further asks that she be ordered and allowed to sell all the remaining property included in the aforesaid inventory not referred to in the partition made by the District Court and as in duty bound & will ever pray. Sworn to and subscribed before me this 13th day of Jan, J. Long, Clk. E. C. McCarty 10. January Term AD 1855 Elizabeth McCarty, Adm. vs. Estate of Joseph McCarty} Report & Petition to sell property Upon the examination of the report made in this case it appearing to the satisfaction of the court that the said Elizabeth McCarty, adm. of Joseph McCarty deceased is entitled to the belief as prayed for in her said report & petition. It is therefore decreed, adjudged and recorded by the court that the said Elizabeth C. McCarty, adm. be allowed to retain in her hands the sum of four hundred dollars to be accounted for by her to the heirs of Joseph McCarty dec'd upon a final settlement of the estate. She has in charge in stead of paying it out in accordance with a decree of the Honorable District Court of Lamar County made in the case of the said Elizabeth McCarty vs. Joseph McCarty et al to enable her to pay the debts due from the Estate of Joseph McCarty deceased. And it also appearing to the satisfaction of the court that the said Elizabeth McCarty, adm. as aforesaid should be permitted to sell all the remaining property included in a report made by the said Elizabeth McCarty, adm. pro tem on the 26th day of September, 1853 not referred to in the partition made by the District Court aforesaid. The premises considered it is ordered by the court that the said Elizabeth McCarty, adm. aforesaid proceed to sell all the property referred to and not partitioned by the said District Court on a credit of twelve months taking bond with approved security for the purchased ___ . 11. February Term AD 1858. Elizabeth McCarty, Adm. vs. Est. of Joseph McCarty} Exhibit and petition for final settlement. This case is continued until the next term of the court. No. 420, Book D.267] March Term AD 1858. Elizabeth McCarty, Adm. vs. Est. of Joseph McCarty, dec'd} Petition and Exhibit and Vouches for Final Settlement. And now on this the 29th day of March AD 1858 came on this cause to be heard before Jason Nelson, Chief Justice of Lamar County and the notice required by the statute having been given and the parties appearing to the satisfaction of the court that there are no minors interested in this cause, and the consent of the parties in the settlement in this cause. It is ordered, adjudged and decreed by the court the following decree be entered to wit. That the account current of the administratrix with the estate be balanced, there appearing on the face of said account errors in favor of said estate sufficient to balance the same and that the heirs of said estate be held harmless and hereafter free from contribution to any debts that may hereafter come against said estate. And it is further ordered, adjudged and decreed by the court that Joseph McCarty, William H. Tinnin, Sarah J. Wells, Mary Ann McDonna and Mary Moore & Sarah Hill have and recover of Elizabeth McCarty the sum of four hundred dollars in accordance with a judgment rendered by the District Court of Lamar County at the Fall Term AD 1854 in Case No. 420 for which Execution may issue and it is further ordered and adjudged by the Court that upon the payment of said sum of four hundred dollars and all costs of Adm. said Elizabeth McCarty, Adm. as aforesaid is fully released from further trusts. ---------------------------------------------------------------------------- USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. 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