Navarro County, TX - Vital Records - 1856 and 1857: Probate-Guardianship - James Cook (insane) ************************************************************************************* This file was contributed for use in the USGenWeb Archives by: Elnora Frances Cook-Wyrick Copyright. All rights reserved. http://www.rootsweb.com/~usgenweb/copyright.htm ************************************************************************************* 1856 and 1857: Probate-Guardianship - James Cook (insane) James Cook, was the 3rd of six children and 2nd son born to Henry and Mary Polly (Goodson) Cook. He was born about 1830, probably when the family was still in Mississippi. There is no family history regarding how, when or why James became insane or if he was born that way. It appears that he died around October or November 1856, but, I do not have any documentation to prove that. I have one document dated June 1856 that lists him as dead but then later documents that indicate he is still living. (To my knowledge James is never seen or named on any census or document again after 1857). It also appears that his Estate was settled around April 1857 by his Father Henry Cook who was also his Guardian. I am not sure if I have all the paperwork regarding James so there may be more to His story than I have recorded here. *EFW* ******************************************************************* Case No. Estate Of Administrator Book Page Date 63. James Cook Henry Cook -L- 21-22 Oct 1856 Guardian " 22 Oct 27,1856 ----------------------------------------" " " ----------------------------------------" 23 " ----------------------------------------" 23 " ----------------------------------------" 24 " ----------------------------------------" 50 " ----------------------------------------" 51 Nov 1856 ----------------------------------------" " " " ----------------------------------------" 116 April 1857 **************************** Application for Letters of Guardianship Order granting Fixing Bond at $400.00 Bond as Guardian filed + approved Oath as Guardian Order appointing appraisers Application for order to sell Personal Property Order granted by the Court to sell Personal Property Inventory + appraisement files No realty reported Report of sale of personal property files Order confirming Report of Sale Final account files examined + approved + ordered to record *************************** Application for Letters of Administration filed granted + ordered to record Order granting Letters of Administration Fixing Bond at $500.00 Notice in Probate Administration ordered to file exhibit at next term of Court Report of claims against Estate file Condition of Estate Application for order to sell Personal Property Administration ordered to file annual account *************************************************************** In Probate Court Navarro County Estate of: Jas. Cook Vs. N.C.M. ************************************** The State of Texas Vs James Cook Transferred from District Court Filed October 27th 1856 Recorded in Book L page 21 + 22 The State of Texas ] County of Navarro ] Proceeding had in the following State Cause at the Fall Term of the District Court of Said County –to wit; The State of Texas –Vs—James Cook--------Charge of Insanity In the Matter of the inquiry the Jury having by their Verdict found that the Said James Cook is of unsound Mind and the Court being satisfied that it is unsafe to permit the Said defendant to go at liberty as is therefore considered by the Court adjudged and so ordered that the Said James cook be placed in the Custody of the Sheriff of Navarro County and that he be confined in the County Jail of said County or some other safe place. Subject to the order of the Chief Justice of Navarro county in the future order of this Court and that the proceeding had in this Cause by this Court be Certified to the Chief Justice of Said Navarro County for such other actions as may be necessary with regard to the Custody of Said Defendant and the Guardianship of his property and it is further discussed that the defendant pay the Court of this inquiry which have (?accessed) Or may (?accessed) during this present term of the Court for which Executor may Issue and that his property be liable for any further cost to be Certified to the County Court for payment and that Said Sheriff be furnished with a certified copy of the decree for his Obedience *********************************** The state of Texas] County of Navarro] I James M. Riggs, Clerk of the District Court of Said County hereby Certify that the foregoing is a correct Transcript of the proceedings had in this Cause in the District Court of Navarro County at the Fall Term thereof A.D. 1856; Given under my hand and Seal of Office at Corsicana this 27th day of October A.D. 1856. J.M. Riggs, Clerk D.C.N.C. *********************************************** Henry Cook, Petitioner For Letters of Guardianship James Cook Filed, October the 24th A.D. 1856 A. Dunn, C.C.C.N.C. Recorded in Book L., Page 22 ***************************************** The State of Texas] Navarro County] To the Honorable Probate Court of Navarro County in Session, October Term, 1856: To the Honorable Chief Justice of the County aforesaid. The Petition of Henry Cook a Citizen of the Said County. Most Respectfully Represents, that James Cook, (?) Citizen of Said County is (non-compas-mentis) and not capable of managing his own affairs, of which an inquiry has been reached by a Jury of 12 Men, before the District Court of which proceedings is now made known by a transcript of the records, herewith (?). Your Petitioner therefor prays Your Honor, to appoint your petitioner guardian of Said James Cook , of his person and Estate in accordance with law, and your Petitioner as is dully bound, Will Pray. Signed; Henry Cook ****************************************************** OCTOBER TERM It is Ordered by the Court that B. Canell, Sol Green & Thos Green be and they are hereby appointed to appraise the property of James Cook, (non-compos-mentis) and make a writing of the same to the Probate Court of Navarro County, to be holden on the fourth Monday of November next. Given under my hand and seal of office this October 27th, A.D. 1856; A. Dunn, C.C.C.N.C. ******************************** B. Canell, & Sol Green, Thos Green, Appraisers of Jas. Cook: Filed, November 24, A.D. 1856, A. Dunn, C.D.C.N.C. ********************************* JAMES COOK To, Elias Borrow, (?N) To Guarding yourself 9 days & nights, 2/21-----------$22.50 To 9 days at $2.--------------------------------------$18.00 Extra Services 3 days---------------------------------$6.00 Total-------------------------------------------------$46.50 STATE OF TEXAS, COUNTY OF NAVARRO; This day personally appears Elias Burrow and says upon oath that the above a/c is Just and True; Signed: T. Donaldson, Chief Justice, Navarro Co., Texas; (Received on the within - $46.50, forty six & fifty cents; ) January (?) 1857, E. W. Burrows *************************************************** The State of Texas} County of Navarro } By You the undersigned authority, personally appeared Jacob Michail and under oath this the within account against James Cook is Just, Due and Owing to A. Michail after allowing all payments, (?cruotherd?) Officials given under my hand this 4th day of Nov. 1856. Rec'd, April 15th (?in feer?) Signed: A. Michail- Wm. J. Michail *************************************** James Cook (?Ilr/Insane?) W. A. Michail, May 16th in Balance on clothing ----------$7.50 (?Jim P. Knive?----------------------------$2.50 Total ------------------------------------$10.00 No.63 Sale Bill of the Property of Jas. Cook; Filed Nov. the 24th, A.D. 1956: Recorded in Book L, Page 51, Account of the Sale of property belonging to the Estate of James Cook. Sold by me at Public Auction in the town of Corsicana in the 4th November A.D. 1856 to wit; 1- Gray Horse to W. A. Lockhart--------------------------------$57.25 1- (Du/Ditto ?) to J.B. Galeher/Gelehes------------------------$102. 50 1- (?Bag/Bay) to John Haslin?--------------------------------$86. 50 1- Man Saddle to JR Killumn/TR Rillumn-------------------------$8.12 1- Shot Gun to P .Carthers/Couthers----------------------------$10.75 1- Pistol to (?Randle ?)---------------------------------------$0.25 1 Ax to Henry Cooko---------------------------------------------$1.00 Total-----------------------------------------------------------$266.37 All of which is respectfully submitted, Nov. 4th 1856 Signed; Henry Cook ******************************************** The State of Texas] Navarro County] By me the Undersigned Authority, this day personally appeared Henry Cooke, Guardian of James Cooke, (non-compos-mentis), and under oath the foregoing is a True and Just Sale and Returns thereof all the property belonging to Said James Cooke. That has come to my hands as Guardian Aforesaid. (?In-Ulitrup?) Wherefore I have hereunto signed my hand this 4th day of November A.D. 1856. Signed: T/P. Donaldson, Chief Justice , NC. ******************************************** No. 63; List appraisement, James Cook, (non-comp) Filed Nov the 24th A.D. 1856, A. Dunn, C.C.C.N.C. Recorded in book L. Page 56; ************************************** The State of Texas] County of Navarro] To the Hon. County Court of the State & County aforesaid; The following is a List of the property of James Cook (non-compos-mentis) to wit; Appraised by the undersigned Appraisers to wit; One dapple gray Horse--------------------------------------$110.00 One Roan Horse---------------------------------------------$100.00 One Bay Horse----------------------------------------------$80.00 1 Double Barrel shot gun at home---------------------------$16.00 1 Pistol---------------------------------------------------$3.00 1 Saddle & Rigging-----------------------------------------$10.00 1 Chipping Ax----------------------------------------------$2.00 Total------------------------------------------------------$321.00 The above is a correct List and appraisement of all the property shown us of the above named, James Cook. Oct. 30th 1856; Signed: Thomas Green, Solomon Green: Sworn to and subscribed before me this 30th Day of October A.D. 1856: Signed: B. Carroll, (?) ************************************************* The State of Texas] County of Navarro] Before me the undersigned authority personally appeared Henry Cook and after being duly sworn, deposes under oath that the above is a True Inventory of all the property that has come to his hands, belonging to James Cook (a lunatic) for which I am guardian. Sworn to and subscribed; Signed: Henry Cook Before me October the 29th, A.D. 1856; Signed; A. Dunn, C.C.C.N.C. ****************************************************** Henry Cooke Guardian, Petition; Filed October the 27th A.D. 1856 A. Dunn, C.C.C.N.C. Recorded in Book L. Page 23; ******************************************** State of Texas] Navarro County] Probate Court, October 1856; To the Hon. Probate Court of Said County in Session, Your Petitioner Henry Cooke, Most Respectfully represents to Your Honor that there is there is (thres hinex?) A shot Gun a Pistol and an Ax. The property of Mr. James Cook, (several words are unreadable) that an order be made to Sell the aforesaid property of James Cooke to pay the expenses that have and will occur in taking care of Said James. Your Petitioner therefore prays that your Honor grant an Order of Sale, to Sell the Said property to the highest bidder and credit until the 1st day of January Next. For the purpose of and as in duty bound I will continue to pray. HC— October 27th 1856, Signed: Henry Cook ************************************* JAMES COOK; To; W. L. Anderson, To-6 Days & 5 Nights------$15.00 State of Texas, County of Navarro; This day personally appears before me, A. Dunn, Clerk of the County Court, W.L.Anderson and says that the above acct. is Just and True. Signed: Will Anderson January the 26th A.D. 1857, Sworn to and Subscribed to before me the 26th day of January A.D. 1857; The State of Texas] County of Navarro] Personally came and applied before me A. Dunn, Clerk, of the County. W.L. Anderson, and after being duly sworn deposeth and saith that the accts. was made out before but since has lost them or mislaid them. Signed; Will Anderson Sworn to and subscribed before me the 6th day of January A.D. 1857, Rec'd the above accounts in full. January the 26th A.D. 1857, Signed: Will Anderson ***************************************** No. 5 W.L. Anderson, (?Accounts) James Cook, $15.00 *************** No. 2; R. P. Caruthers, Accounts for James Circle* should read **Cook** EFW JAMES COOK: R. P. Caruthers- (Dr?) To 6 days & 5 Nights------------------------------$15.00 State of Texas, County of Navarro; This Day personally appeared before me, R. P. Caruthers and says that the above accounts is Just and True. October 27th, 1856, Signed; R. P. Caruthers Subscribed and Sworn to before me, this 27th October 1856, Signed: T. Donaldson, Chief Justice Rec'd in full the above Amount; March the 6th 1857 *************************************** No. 8 Mr. James Cook, Act. Worth. H. S. Crossland: H255- Claim Mr. James Cook: (1856) To H.S. Crossland, April 7, To 3 ½ yards Casimere-60.---------------2.10 April 7, To Thread & Buttons----------------------.20 May 20, To 2 pr pants $4.00 ------------------8.00 July 11, To 1 Pr Shoes—Pr Mother-----------------2.00 July 11, To 1 Plug Tobacco------------------------.25 Due January 1st 1857----------------------------12.55 State of Texas] County of Navarro] Before me the Undersigned Authority, personally appears H.S. Crossland, Who after being duly sworn, deposith and sayeth that the above account against James Cook is Just and remains unpaid after allowing all just affects and credits. Signed; H.S. Crossland Sworn to and subscribed before me this the Eighteenth day of April 1857; Signed: B.F. Carroll, J.P. Prob. No. 6-NC Rec'd paid in full on the above account-April 22nd, 1857; Signed; H. L Crossland & B.F. Carroll ************************************************************************** (C-9) Dresden --------June the 14th 1856 James Cook-Dec'd To W.S. Robisnson July 11, To Mileage-& dressings Arm------------5.00 July 15, To Visit, Mileage. &, Medicine--------3.00 Total-----------------------------------------$8.00 The State of Texas] County of Navarro] Personally appeared before the undersigned authority W.L. Robinson well known to me and after being sworn in due form of Law deposeth and sayeth that the above account of Eight Dollars against the Estate of James Cook (non-compos-mentis) is Just and True and that all Just credits has been allowed. Signed; W. S. Robinson Sworn to and subscribed before me this the 18th day of April A.D. 1857; Signed: B. F. Carroll, J.P. (?Pith) No. 6, (?CGA?) Rec'd payment in full on the above account, April 22, 1857 Signed; W. L. Robinson Mr. B.F. Carroll *********************************************************************** Henry Cook, Guardian Authority Letters for James Cook; Filed April the 28th A.D. 1857, Signed: A. Dunn, C.C.C.N.C. Recorded in Book, L., Page 162 & 167 State of Texas] Navarro County] County Court for Probate Purpose; April Term, 1857 To Hon., Chief Justice of Said County, The undersigned Guardian appointed by your Honor's Court as the Term therefore respectfully, represents that he has settled the claims and expenses of James Cook a person of Unsound Mind for whom he was appointed guardian and respectfully reports this Statement of his accounts as Just, Which ask the court to record as a settlement up to this date. HENRY COOK, GUARDIAN: To James Cook, (non-compos–mentis): To amounts of Sale Bill Returns to Court-------------------------------------$266.37 By Cash paid: W. W. McPhail, Voucher No. 1. ----------------------$81.50 By Cash paid: R. P. Caruthers, Voucher No. 2.-----------------------$15.00 By Cash paid; A. Dunn/Duren, Voucher No. 3.-------------------------$8.50 By Cash paid; Silas Baker, Voucher No. 4. --------------------------$31.00 By Cash paid; William Anderson, voucher No. 5.----------------------$15.00 By Cash paid; A. Michail, Voucher No. 6.----------------------------$10.00 By Cash paid; Elias Burrow, Voucher No. 7--------------------------$46. 50 By Cash paid; H. L. Cropland/Copeland, Voucher No. 8----------------$12.55 By Cash paid; W. L. Roberrson, Voucher No. 9------------------------$8.00 By Cash paid; P.Donaldson, Chief Justice----------------------------$4.50 (Cur?) upon $266.37------------------------------------------------$26.63---$263.18 Balance on hand for Guardian-------------------------------------------------$3.19 State of Texas] Navarro County] Henry Cook, Guardian of James Cook this day appeared before me and made Oath that the above is a Just and True Statement of His accounts for Said James Cook. Given Under My Hands this 25th Day of April 1857 Signed: T/P Donaldson, Chief Justice, N. C. *********************************************************************************