Probate; 1862-1881-Estate of Thomas Cook, Navarro Co., TX Contributed for use in USGenWeb Archives by Elnora Frances Cook-Wyrick ************************************************************************ USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgenwebarchives.org *********************************************************************** Prepared by Elnora Frances Cook-Wyrick Recorded word for word from legal documents provided by Marolyn Ileen Armstrong; Probate Court Minutes, Minor Heirs of Thomas Cook, Deceased, Thomas Cook and Ella Cook. Guardianship of and Administrator of their Estate, by his Father, Henry Cook, Navarro County, Texas. September Term 1862 Page 69: A-1 Probate Court: Minutes: September Term, 1862 Henry Cook] VS.] David Pevyhouse] For Guardianship] Probate Court, September Term 1862: Now at this time of the Court this Cause coming on to be heard. The application of Henry Cook for Letters of Guardianship, having been filed at a previous Term of this court also the opposition of David Pevyhouse was filed and Both parties announcing themselves ready for trial and after a patient hearing of all the evidence offered and arguments of Counsel on Both sides of the Case and the court being satisfied that the requisite notice had been given and that it is to the best interest of the Said Minors heirs of Thomas Cook, Deceased. That Henry Cook be appointed their Guardian. ORDERS It is therefore ordered and adjudged by the court that letters of Guardianship be issued to Henry Cook upon the person and Estate of the Minors Thomas Cook and Ella Cook, Minor Heirs of Thomas Cook, Deceased. He having given Bond and qualified as the law directs and further it is decreed by the Page 70: A-2 Court. David Pevyhouse deliver up Said Minors to the Said Henry Cook and all the property belonging to them or their Father’s Estate that came into his possession. ORDER: Henry Cook Guardian] Of Thomas Cook, Heirs] Bond] Henry Cook, Guardian as aforesaid filed his Bond which examined by the court approved and ordered. BOND: The State of Texas] County of Navarro] Know all men by these presents that We, Henry Cook as Principal and Michael Welch and Squire Smith as Sureties are held and firmly Bound unto the Chief Justice of Navarro County in the Sum of Four 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 Scrolls the 29th day of September 1862. The Condition of this obligation is such that whereas the above bound, Henry Cook has been appointed Guardian of the Person and Estate of Thomas Cook and Ella Cook, Minor Heirs of Thos. Cook, Deceased. Now if the Said Henry Cook, shall well and truly perform all the duties required of him under Said Appointment then this obligation shall be Null and Void, otherwise to remain in full force and Effects. Signed: Henry (his X mark) Cook [Seal] Michael Welch [Seal] Squire Smith [Seal] Attest: Acknowledged and approved, this September 29th, 1862. Signed: L.H. Kerr, Chief Justice, Navarro County Henry Cook, Guardian ] of , Thomas Cook’s Heirs ] OATH: It is ordered by the Court that the Oath of Henry Cook as Guardian aforesaid be recorded; “I, Henry Cook do Solemnly Swear that I will and truly perform all the duties incumbent on me as Guardian of Thomas Cook and Ella Cook, Minor Heirs of Thomas Cook Deceased, to the best of my ability in accordance with the Law, So Help Me God”. Signed: Henry (his X mark) Cook Sworn to and Subscribed before me this September 29th, 1862] Signed: L. H. Kerr, Chief Justice, Navarro County ] Page 71: A-3 Henry Cook; Administrator ] of Inventory, ] Thos. Cook, Deceased, ] ORDER: Henry Cook, Adm. As aforesaid Filed his Inventory and appraisement of the property of Thomas Cook, Deceased, which was examined by the court approved and ordered to be recorded. Inventory Inventory, of property belonging to of Thomas Cook, Deceased: Lot of Log Chains $11.00 4 Ox Yokes, Bows and Staples 8.00 1 Ox Wagon 95.00 1 Plow Gears 1.75 1 Lot old Irons 1.50 1 Oven and Lid, 1 Skillet and Lid, 1 Frying Pans 3.00 1 Smoothing Iron 1.00 1 Lot pans, Cross Jug and Bucket 1.50 6 Meal Sacks 4.50 1 Dinning Table 1.50 1 Pair Tongs, $1.00, 1 Axe and hand Saw $3.00 4.00 1 Lot Shaving Tools, $2.00, 1 Lot Books $3.00 5.00 1 Trunk, $2.00, 1 Mattress & furniture, $24.00 26.00 2 Chairs $1.75, 1 Brass Clock $20.00 21.75 1 Note of Hand on (I/J.?) F. Houston (due) 3.00 1 Pr. Spurs, $2.00 6 Bushels, 3 Pokes wheat @ .48-2/3 ea. 10.48-2/3 9 Bushels Barley $6.75 6.75 1 Bay Mare and Colt 100.00 1 Bay Mare and Colt 80.00 1 Bay Horse 80.00 1 Roan Mare and Colt 40.00 1 Gray Horse 60.00 1 Bay Filly 75.00 1 Bed Stead 3.00 15 Head Hogs $2.00 30.00 150 Head Cattle 750.00 3 Yoke Oxen 120.00 160 Acres Land 800.00 $2,343.48 Signed: B.F. Carroll Ethan Melton Sworn to and Subscribed, before me this 6th day of September 1862. Signed: D.B. Hartnell, Notary Public , Navarro County, Texas The State of Texas ] County of Navarro ] I, Henry Cook, Administrator of the Estate of Thomas Cook, Deceased do Solemnly Swear that the above and foregoing is a true and correct Inventory of the property of Thos. Cook, Deceased, Page 72. A-4 So far as has come to my hands, this the 29th day of September 1862. Signed: Henry Cook Sworn to and Subscribed, before me 29th day of September 1862. Signed: A. Duren Clerk, County Court, Navarro County, Texas OATH: Approved this September 29th , 1862 Signed: L.H. Kerr, Chief Justice, Navarro County, Texas Henry Cook, Adm. ] of Thomas Cook, Deceased ] Petition for Sale ] Henry Cook, Administrator as aforesaid filed his petition for the Sale of the Perishable Property of the Estate of Thomas Cook, Deceased which was considered by the Court and ordered to be recorded. ORDER: Petition The State of Texas ] County of Navarro ] Probate Court September Term 1862 To the Honorable, L. H. Kerr, Chief Justice of Said County. The petition of Henry Cook, Administrator of Thomas Cook, Deceased respectfully shows that it is necessary to sell the Perishable Property contained in the Inventory to prevent destruction and waste such as the Household and Kitchen furniture and Hogs, also Tools, Books, Sacks, Chairs, Wagon Yokes and all of a perishable nature wherefore he prays for an order of Sale in accordance with law. Signed: Wm. Croft, Atty., for Administrator Henry Cook, Administrator ] of Thomas Cook, Deceased ] Order of Sale ] Now at this Term of the Court this cause coming in to be heard, and Henry Cook, Administrator, aforesaid having filed his Petition for the Sale of Property belonging to Said Estate . ORDER: It is Therefore ordered by the Court that Said Administrator proceed to advertise and sell for Cash at public auction after advertising as the law requires the Said Perishable Property named in Said Petition and make report to this Court as the law directs. It is ordered that Court Adjourn: Signed: L. H. Kerr, Chief Justice, Navarro County, Texas Page 74: A-5 OCTOBER TERM A.D. 1862 A regular term of the County Court of Navarro County pertaining to the Estate of Deceased persons began and held at the Court House in the town of Corsicana on the last Monday in October (the ------day) 1862, present and presiding the Honorable L. H. Kerr, Chief Justice, A. Duren, Clerk of the County Court and Wm. Foster, Sheriff; Court opened according to law. Henry Cook, Administrator ] of Thomas Cook, Deceased ] Inventory ] Henry Cook, Administrator as aforesaid filed his additional Inventory, which was examined by the Court, approved and ordered to be recorded. ORDER: INVENTORY Inventory of Property belonging to the Estate of Thomas Cook, Deceased. 1 Bed Stead and Cord $10.00, 1 Bell $.50 $10.50 1 Pr. Candle Molds $.50, 1 Candlestick $.15 1.25 1 Bed Tick and Spread $2.40, 1 Counterpain $2.50 4.90 1 set foot Ballets $1.00, 2 Straw Baskets $2.25 3.25 1 Scythe and Cradle 5.00 $24. 80 We the undersigned appraisers do Solemnly swear that the above and foregoing list of property assessment is Just and True to the best of our knowledge and belief, so help us God. Signed: Michael Welch Ethan Melton Oath: Sworn to and subscribed before me this the 27th day of October 1862. Signed: A. Duren, Clerk, County Court, Navarro County, Texas Henry Cook, Administrator ] of Thomas Cook, Deceased ] Report of Sale ] Henry Cook, Administrator, as aforesaid filed his Sale Bill which was examined by the Court approved and ordered to be recorded. ORDER: SALE BILL An account of Sale of the property of Thomas Cook, Deceased as sold by Henry Cook, Administrator, on this 18th day of October A.D. 1862 for Cash. 1 Scythe M. Welch $7.00 2 Buckets John Hines .50 1 Pr. Candle Molds and Pan W.Z. Howard 1.30 1 Pr. Spurs Alex Crossland 2.25 1 Ax. A. Barry 2.50 1 Pan & Jug Wm. F. Craig .75 1 Pr. Tongs W.B. Stokes .50 1 Set Plow Gears Alex Crossland 1.50 1 Pattern & (Sad ?) Iron Wm. Z. Howard .65 Forward $16.95 Page 75: A-6 Brought Forward $16.95 1 Jar C.C. Bammett 1.00 1 Box (Tricks ?) John Hines .75 1 Table John Hines .50 1 Bed Stead John Hines 4.50 1 Clock W.B. Stokes 25.25 1 Chair Thomas Stokes 1.05 1 Chair Thomas Stokes 1.00 1 Razor and Strap and Box W. F. Craig .30 1 United States History W. F. Craig 1.00 1 Yoakum’s History Texas Thos. Stokes 2.10 1 Trunk W. B. Stokes 3.00 1 Ox Chain Large W. B. Stokes 2.00 1 Ox Chain Large M. Welch 2.50 1 Ox Chain Large M. Welch 2.20 1 Piece Chain M. Welch 1.55 1 Skillet John Hines 1.90 1 Oven Mrs. Estes 3.00 1 Ox Yoke W. B. Stokes .50 1 Ox Yoke W. B. Stokes 1.50 1 Ox Yoke M. Welch 1.00 1 Ox Yoke W. B. Stokes .50 1 Sack Alex Crossland .80 1 Sack Mrs Estes .75 1 Sack Mrs Estes 1.00 1 Sack John Hines .50 1 Sack John Hines .75 6 Bushels Wheat A. Barry @2.50 15.00 9 Bushels Barley G. L. Gatewood @ .05 4.50 1 Ox Wagon M. Welch 78.00 $175.35 State of Texas ] County of Navarro ] I, Henry Cook, do Solemnly Swear, that the foregoing is a true and correct report of the Sale of property belonging to the Estate of Thos. Cook Deceased, made on the 18th day of October 1862, under the orders of the Probate Court of Navarro County, this October 21st, 1862. OATH: Sworn to and Subscribed before me this October 21st, 1862. Signed: L. H. Kerr, Chief Justice, Navarro County, Texas Henry Cook, Administrator ] of Thomas Cook, Deceased ] Petition for Sale ] Henry Cook, Administrator as aforesaid filed his petition for Sale of Property which was considered by the Court and ordered to be recorded. ORDER: Page 76: A-7 PETITION The State of Texas ] County of Navarro ] To the Honorable L.H. Kerr, Chief Justice of Said county the Petition of Henry Cook, Administrator of Thomas Cook, Deceased, respectfully shows. That there are Eight Work Steers and the Beef Steers belonging to Said Estate which he considers perishable property and that it would be to the interest of Said Estate to Sell them as such. Wherefore he prays for an order to Sell them in accordance with law. October 21st, 1862. Signed: Wm. Croft, Atty. for Pltf. Henry Cook, Administrator ] of Thomas Cook, Deceased ] Order of Sale ] Henry Cook, Administrator, as aforesaid having filed his Petition for the sale of property and the premises being considered and it appearing to the Satisfaction of the Court that it would be to the interest of Said Estate to sell said property prayed for in Said Petition . ORDER: It is therefore ordered by the court that Said Administrator proceed to Sell Said work items and Beef items for Cash in accordance with the terms of the law. END OF 1862 DOCUMENTS: NO SIGNATURE: Page 233: A-8 Henry Cook, Administrator ] of Thomas Cook, Deceased ] Exhibit ] ORDER: Henry Cook, Administrator of Thomas Cook, Deceased, filed his exhibit which was examined by the Court, approved and ordered to be recorded. Corsicana, Texas; July 23rd 1864 To; One Couch @ $20.00 To; Two Coffins $30.00 To; Sugar $15.00 $65.00 Page 234: A-9 Henry Cook: To Estate of Thomas Cook, Deceased. To; Two Horses @ $107.00 ea. $215.00 To; Five Beeves @ $30.00 ea. 150.00 To; One Beef 40.00 To; Two Beeves @ $50.00 ea. 100.00 Three Beevs @ $50.00 ea. 150.00 $655.00 Bal Due Estate of Thomas Cook: 65.00 Balance; $540.00 State of Texas ] County of Navarro ] Before me the undersigned, authority this day personally came and appeared, Henry Cook, Administrator of Estate of Thomas Cook, Deceased, who being by me duly sworn on Oath says that the above statement is true and correct. Signed: Henry (his X mark) Cook Sworn to and Subscribed before me, July 24th, 1864. Signed: I.T. Spence, Clk., Beat No.1. Navarro County, Texas End of Court Proceedings for Year 1864: Henry Cook, Guardian of Heirs of Thomas Cook, Deceased, “Thomas Cook and Ella Cook”, and Administrator for that Estate. B-1 Cover Jacket: No. 5 David Pevehouse and others------ VS/Petitioner Lewis Pierce, Guardian & 6/C Filed; February 16th, 1870 Wm T Parrish C.C.C.N.C And the Seal of Said Court; this 16th day of February A.D. 1870 Wm. T. Parrish, Clerk County Court Navarro County B-3 The State of Texas] County of Navarro] Probate Court, February Term 1870; To the Hon. F. M. Story, County Judge. The Petition of David Pevehouse, Thomas Pierce and David Pierce, citizens of said County, respectfully represent that your petitioners and Sureties on the Bond of Lewis Pierce also of Said County as Guardian of the heirs of Thomas Cook, Dec’d, under the jurisdiction of your (honorable?) Court. They show that they are (?prepared/?) said Guardian service not manage the business of (service/said?) (?) as required by Law, Wherefore they pray that the said Lewis Pierce guardian as aforesaid by cited to answer this petition as required by the Statutes in such case (preview?). And that upon a hearing said Guardian be required to give a new bond as such Guardian and that your petitioners be released from any future liability on account of their said surietyship and that your honor make the necessary orders and claims in the (p??), and as is duty bound petitioners will ever pray. C.M. Winkler, Attorney for Petitioners. B-4 THE STATE OF TEXAS, County of Navarro: To the Sheriff, or any Constable of Navarro County, Greeting, You are hereby commanded to summons [ Lewis Pierce, Guardian of the heirs of Thomas Cook, Dec’d ] to be and personally appear at the next Term of the Honorable the County Court, in and for the County aforesaid at the Court House in the town of Corsicana on the [ last ] Monday in [ February ] A.D. 1870 to answer the Petition of [ David Pevehouse, Thomas Pierce and David Pierce ] now on file in my office, a copy of which petition accompanies this writ for service. HEREIN FAIL NOT, under penalty of the law, and have you then and there this writ with your action thereon endorsed as required by law, Witness, W.T. Parrish, Clerk. Given under my Hand and seal of said court on this the 16th day of February A.D.1870 Signed: Wm. T. Parrish B-6 The State of Texas] County of Navarro] Probate Court, February Term, 1870 To the Hon. F.M. Strong County Judge, The Petitioners David Pevehouse, Thomas Pierce and David Pierce, Citizens of Said County respectfully represent that your petitioners are Sureties on the Bond of Lewis Pierce also of Said County as Guardian of the heirs of Thomas Cook, Dec’d under the jurisdiction of your Hon. Court, they show that they are fearful Said Guardian will not manage the business of Said heirs as required by Law, wherefore they pray that the Said Lewis Pierce guardian as aforesaid be cited to answer this petition as required by the Statues in such case as provided and that upon a hearing Said Guardian be required to give a new bond as such guardian be required. And that your petitioners be released from any further liability on account of their said surietyship and that you Honor make the necessary orders and (Decnis?) in the premises and as in duly (bound?) Petitioners will ever pray. [IC] C.M. Winkler, Attorney for Petitioners The State of Texas] County of Navarro] I Wm. T. Parrish Clerk of the County Court within and for Said County hereby Certify that the foregoing is a True and Correct Copy of the original Petition now on file in my Office Witness my hand (**signature does not appear on my copy of this document**) B-8 (Case File Jacket) No. 5 David Pevehouse and Others vs/ Citation-Lewis Pierce Lewis Pierce, Guardian Issued-October 19, 1871 signed: H.V. Hurlock, D.C.N.C. Came to hand October 19th, 1871, Lewis Pierce not to be found in the County, signed: Jas A (Lelusy?) (Shssnee?) Filed, November 20, 1871 H.V. Hurlock B-9 THE STATE OF TEXAS] COUNTY OF NAVARRO] To the Sheriff or any Constable of Navarro County, Greeting: You are hereby commanded to Summons Lewis Pierce-Guardian of the Heirs of Thomas Cook, Dec’d, to be and personally appear at the next term of the Hon. District Court of said county, to be begun and holden at the courthouse thereof, in the town of Corsicana, on the Second Monday in November A.D.1871 to answer the petition of David Pevehouse, Thomas Pierce and David Pierce, now on file in my office, a certified copy of which petition accompanies this writ, where in the said David Pevehouse, Thomas Pierce and David Pierce is Plaintiff’s and Lewis Pierce is Defendant. Herein fail not, but make due return of this Writ, as the law directs, certifying how you have executed the same. signed: H.V. Hurlock, Clerk of the District Court Navarro County. Given under my hand and seal of said court, on this the 19th day of October AD, 1871. Signed: H.V. Hurlock, clerk of the District Court Navarro County, Texas. C-4 Case File Jacket No. 5 David Pevehouse vs/ Lewis Pierce, Guardian Issued November 24th, 1871 H.V. Hurlock, C.D.C.N.D. Came to hand on Monday 27th November , executed this 28th November, leaving a copy with the (by accordance?) Defendant, Lewis Pierce. Signed: J.A. Nelms, Sheriff by: S.F. Kimbell, Deputy Final Account Page 1: COUNTY COURT; November Term A.D. 1881: Be it remembered that there was begun and holden a regular term of County Court for Probate Business at the Court Room in City of Corsicana on the Third Monday, To wit, the 21st day of November A.D. 1881. The Hon. R.C. Beale County Judge Present and presiding, E.E. Dunn, Sheriff and L.N. County clerk present. Court opened according to Law. Jesse Green, Guardian of T.D. Cook, Minor Jesse green, Guardian of T.D. Cook Minor filed his account which was approved by the Court and ordered recorded. Account. Estate T.D. Cook a Minor, Jesse Green, Guardian In County Court May Term 1879, to the Hon. Judge of Said Court. Your Guardian Begs to submit to your honor the following account of his acts as Guardian of Said Est. and of the condition of the same. Rec. Charges himself as follows. June 1878. Sold two Beef Steers. $36.00 Nov. Sold 1 cow. 12.00 Oct. Sold 1 Steer 10.00 Jan. Sold 1 Pony 25.00 May Sold 1 Yearling 7.00 $90.00 Rec. Credit himself. As follows. April 29th 1878. By State & Co., Tax. /77 costs. Voucher No. 1. $10.79 Nov. 29th 1878 By State & Co., TX /78 costs. Voucher No. 2. $ 6.88 April 2nd 1878 By and paid Judge Frost, Judges fee Voucher No. 3. $ 3.00 April 29th 1878 By and paid L.N. Kerr Clk Cost Voucher No. 4. $ 6.60 April 6th 1878 By and paid B.T. Barry, Atty. fee. &c Voucher No. 5. $10.00 Oct. 11th /78 By and pd Johnston Shoes acct clothing for Ward Voucher No.6. $15.80 Oct 17th/78 By and pd Badgett & Adkisson acct clothing for Ward Voucher No.7 $10.55 April 17/79 By and pd M.Mayer acct clothing for Ward Voucher No. 8 $ 6.60 Feby /79 By and pd 50 Bus.Corn for stock of Ward $12.50 Feby /79 By and pd for Breaking & Gentling a Hoarse for Ward $21.00 Final Account Page 2. By am’t cash expended for Ward since my appointment for which I could get no rec’t $9.00 By am’t 5% corn on $90.00 rec. $4.50 By am’t 5% corn on $93.79 paid out $4.61 Making Total credits $102.90 Leaving due me; $12.90 Your Guardian begs to report that all the cattle about 40 head and horses about 10 head which came into my possession with the exception of those here reported sold are still on hand and on the range all of which is respectfully submitted. Signed, Jesse Green Sworn to and subscribed before me this the 12th day of May A.D. 1879. (( LS)) Bryan T. Barry, Notary Public, Navarro Co., Texas Jessee Green, Guardian] of T. D. Cook, Minor] Jesse Green Guardian as aforesaid filed his final Account of the condition of the Estate of said Minor T.D. Cook, which was examined by the Court granted, and approved and ordered recorded. FINAL ACCOUNT: Est. Thos. D. Cook] Jesse Green, Gdn.] In County Court Navarro County, To the Hon. County Court of Navarro County. And now comes Jessee Green Guardian of the Est. of said minor and says that his said ward arrived, at the age of twenty one years on the 6th day of May A.D. 1881. Wherefore he begs to make a final account of said Estate and final settlement thereof. First the property of said Estate which have come into his hands is as follows. 40 head of cattle 10 head of horses 80 acres of French Survey of land in Navarro county 284-1/2 acres Henry Cook Survey of land in Milam Co., Second He sold 6 head of cattle as hereafter and herein before reported the balance and increase are on hand said horses are still on hand except 2 head heretofore and herein reported sold. Said lands are all on hand. Third, There are none the balance due the Guardian as herein after stated is arranged to be settled by the Ward. Fourth, The property of said Estate now on hand is about 50 head of Cattle about 7 head of horses and all of said lands. Fifth, He states his accounts as follows. He credit himself as follows. By am’t due as per account of May 13, 1877 $12.90 By Am’t due Taxes for 1879 and 1880 $11.60 By Am’t paid for medicine for Ward $ 1.10 By Am’t due Frost and Barry Atty’s fees $15.00 $40.60 He Charges himself as follows: To 1 Horse sold. Sold to T.F.Johnston $30.00 Leaving due Guardian $16.60 I do solemnly swear that the above and foregoing is a time and Correct Exhibit and account of said Estate. Signed: Jessee Green Sworn to and subscribed before me this the 9th day of May A.D. 1881. L.H. Kerr, Clerk County Court, Navarro Co., Texas Final Account Page 3: I accept Service of the above account and ask that the same be approved and the Guardian discharged this May 9th 1881. Signed: T.D. Cook.