James Smith Estate Records, Rusk Co, Texas *********************************************************** Submitted by: Sandra Smith Gwilliam, Date: 25 Apr 2003 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm *********************************************************** James Smith Probate Rusk, Texas Vol. D pp 505-514 LDS Family History Library film 1020929 Page 505 Estate of James Smith The State of Texas Rusk County County Court January Term 1855 To the Hon. John C. Miller Chief Justice Your petitioner Henry M. Smith a resident of said County of Rusk respectfully represents unto your Honor that his father James Smith, late of said - died at his residence in said county a short time since, intestate, leaving a considerable real and personal estate. That the widow of said intestate - to wit - Hannah Smith declines to administer upon the estate of said intestate and is desirous that your petitioner will do so. He therefore prays that your Honor will grant him letter of administration upon the estate of the said James Smith and for all other things necessary in the premises. Armstrong & Parsons attys for Petitioner Petition: __ Filed January 5th 1855 _____ ccc Rusk Co. By W A Leon Swan Dept. NOTICE !!! Whereas Henry M. Smith has filed his petition in the Office of the Clerk of the County Court of Rusk County praying to be appointed Administrator of the estate of James Smith deceased: Notice is therefore hereby given, To all persons interested in his said estate, to be and appear at the next term of the county court of Rusk County pertaining to the Estates of deceased persons & be holden on Monday the 29th day of January A. D. 1855 at the Court House in the town of Henderson, the County seat of said County, then and there to show Cause, if any they can why said application should not be granted. Henderson AJan 16" AD 1855 Filed AJan 29" 1855 ___________ ccc Rusk Co Order: Jan _ 1855 And now at this term of the Court this cause coming on to be heard and it appearing to the court that H M Smith had filed his petition praying to be appointed administrator of said Estate and that the required notice thereof had been given. It is ordered by the Court that the said H. M. Smith be so appointed upon his giving Bond in the sum of Thirty thousand dollars conditioned as the Law requires. The State of Texas: County of Rusk Know all men by these presents, that one H. M. Smith as principal and I. N. Smith & Wm Bromley & Joel B. Crain as his securities are held and firmly bound unto the Chief Justice of said County in the full sum of Thirty thousand dollars for the payment of which sum well and truly to be made. We bind ourselves, our heirs, executors, administrators and assigns, jointly and severally firmly by the presents signed with our hands and sealed with our seals (the seals being [scrawls] this twenty ninth day of January A D 1855. The condition of the above obligation is such that whereas the ___bound H. M. Smith has been appointed by the Chief Justice of said County administrator of the estate of James Smith deceased. ____ Page 506 Estate of James Smith as the duties required of him under said appointment - then this obligation to be null and void, otherwise to remain in full force and office. H. M Smith [seal] Joel B. Crain {seal] I. N. Smith {seal] Wm Bromley {seal] I approve of this bond Febry 13th AD 1855 John C. Miller Chief Justice Rusk County Texas I H. M. Smith do solemnly swear that James Smith deceased, died without leaving any lawful will so far as I know or believe & that I __ well and truly perform all the duties of Admr of the estate of the James Smith deceased to the best of my skill and ability. So help me. Sworn to and subscribed before me this 13th day of Feb A D 1855 ____ ccc Rusk County H. M. Smith Bond: Filed Feb 13th 1855 ________ ccc Rusk Co. The State of Texas. County of Rusk In County Court January Term A. D. 1855 To all whom these presents shall come: Know Ye that H. M. Smith having filed his petition the office of the County Court, praying to be appointed administrator of the Estate of James Smith deceased, late of the State of Texas and County and County of Rusk died seized and possessed of divers goods and chattels, rights and ___ within said State of Texas and the said H. M. Smith having given conditions as the law requires in the sum of Thirty Thousand dollars and we being desirous that the said estate may be well and faithfully administered, kept and preserved do hereby grant unto the said H. M. Smith of the State and County first above mentioned, full power of admr. Of said estate& to ask for, recover and receive all the effects of said estate: to make a perfect and just inventory of the same! And to furnish at all times when hereunto legally required a just account of said administration. And the said H. M. Smith is hereby and these presents constituted and appointed administrator of all and sin___ the goods and chattels - rights and credits, lands and tenements, of said James Smith have caused the seal of the County Court of Rusk C to be hereunto affixed at office in Henderson __ the this tenth day of Febr A D 1855. John C. Miller Chief Justice Rusk County, Texas Order: Jan __ 1855 Estate of James Smith And now at this term of the court comes the Administrator of said Estate and proves the court to grant him appraisers of said estate. Wherefore Thompson Camp, Bennett Boggess & ___ H Ramsy [are] so appointed. --------- Order filed Feb __ 1855 Estate of James Smith And now at this term of the court comes the administrator of said estate and filed an Inventory & appraisement of said Estate which having ___ and of and by the court, it is ordered that the same be received and recorded. Page 507 Estate of James Smith An inventory of the property belonging to the Estate of James Smith decd which has come to the knowledge and possession of H. M Smith administrator of said estate, up to this date. 5 Bed Steads 23.00 2 Skillets & Lids 1.20 3 Feather Beds 60.00 1 Oven & Lid 1 Matrass [sic] 2.50 Amount carried forward 1 Clock 5.00 Amount Brought forward 1 pine Chest 5.00 1 Brass Kettle 3.50 1 Press 2.50 1 Tea Kettle ..75 .3 tables 5.00 1 Wash Kettle - cracked 2.00 8 Chairs 6.00 1 Wash Pot 4.00 1 Desk 4.00 1 Boiler .40 1500 lb Bacon 187.50 1 Cross Cut Saw 5.00 400 Bushels Corn 400.00 1 Wheel - Spinning 3.00 1 Carriage & Harness 175.00 1 Reel 1.00 2 Head of Horses 175 00 - 75 00 250.00 3 Water Buckets 3.00 1 Mule - blind 30.00 3 Weeding Hoes .30 1 Wagon and Harness 35.00 1 Garden Hoe .50 40 Head of Sheep 80.00 1 Rake ? 50 Head of Hogs 100.00 1 Shovel .75 9 Head of Cattle 45.00 1 Spade ? 4 Ploughs 4.00 1 Shot Gun 35.00 3 Single Trees 3.00 1 Saddle 10.00 1 Clevises 1.50 3 Cows & Calves $15 45.00 3 Stacks Fodder 18.00 Pitchfork & Garden Shovel .50 3 Smoothing Irons 1.25 1 Lot Castings - broken 2.50 8 Gal Stone ware 1.60 2 Churns 3.00 1 Tray .25 All the foregoing property is common property. Before me this day personally appeared George. H. Ramey and Thompson Camp and made oath that the foregoing inventory contains all the property of James Smith Estate which has come to their knowledge & view to be appraised & that the amt set opposite to each item is its cash value. [Signed] G. H. Ramey Thompson Camp Sworn before me this 28 th Febry 1855 John C. Miller Chief Justice The undersigned admr states that the foregoing inventory does not embrace all the property belonging to the Estate of James Smith but that it contains all that has come to his possession and knowledge so as to have it appraised. He states that there is some stock in the Range belonging to said Estate which he has not had timer or opportunity to get them up. And that the Lands belonging to said Estate are not in such a condition as to enable him to inventory them at this time. He also states that he has not yet been able to find any account or other claims due to said Estate. [signed] H. M. Smith Before me the undersigned Authority this day personally appeared H. M. Smith administrator of the Estate of James Smith Decd and made Oath that the foregoing is a correct inventory of the Estate of the said James Smith so far as the same has come to his possession. [signed] H. M. Smith Sworn before me this28th Febry 1855 [signed] John C. Miller Page 508 Estate of James Smith Inventory of James Smith Estates: Filed Feb 27th 1855 ___ ccc Rusk Co Order Febry T 1855 And now at this term of the Court carries the administrator of said estate and moves the court to grant an order setting apart to the widow a property exempt from execution as the Law directs wherefore the Court set aside all the property in the said Inventory exempt from execution of further sum of two hundred and fifty dollars out of the proceeds of said Estate for the support of the widow & family. Order Estate of James Smith Febry T 1855 And now at this term of the Court comes the administrator of said Estate and moves the court to grant him an order to sell the perishable property belonging to said estate which being considered of by the court It is ordered that the administrator sell the perishable property belonging to said Estate on the 17th day of March 1855 on a credit 12 months at the late Residence of said decedent Order Estate of James Smith March T 1855 And now as the term of the Court comes the administrator of said Estate & filed his report of Sale of the perishable property of said Estate which being considered of by the Court It is ordered that the same be received and recorded and sale be in all things confirmed. The State of Texas. County Court County of Rusk March Term A. D. 1855 Henry Smith as admr of the Estate of James Smith Decd begs leave to report that on the 17th day of March ___ he did in pursuance to your order sell a portion of the property of [sic] belonging to said Estate on a credit of twelve months at public out cry on the premises of said decedent which sale was made as follows to wit: 1 Carriage sold to Hannah Smith for $100.00 1 Wagon [ditto] 30.00 250 Bushels corn [ditto] at .75 cts per bushel 187.50 781 lbs Bacon [ditto] at 10 cts per lb. 78.10 20 Head of Shoats [ditto] @50 cts each 10.00 1 Heifer [ditto] for 5.00 1 Saddle [ditto] Joseph P. Smith 10.00 1 Mule [ditto] Wm Davis 50.50 1 Mare [ditto] Joseph Morehead for 95.00 5 Head of Sheep [ditto] B Graham at $2.15 cts each 10.75 5 [Head of Sheep] [ditto] H. Cockburn at 2.52 each 12.60 5 [Head of sheep] [ditto] Wm Little [at] 2.06 cts each 10.30 10 [ditto] [Wm Little] at 2.00 [ditto] 20.00 7 [ditto] B Graham [ditto] 2.00 [ditto] 14.00 44 Bushels of Corn [ditto] I H Parsons A 1.70 pr Bu 74.80 1 Cow & Calf [ditto] M Wyatt for 25.50 1 [ditto] W. W. McMurray for 14.00 1 [ditto] W. W. McMurray for 18.00 ? Page 509 sales continued 1 Ewe ? [ditto] John Deel A 11.00 Amt carried forward $782.05 Amt brot [sic] forward $782.05 1 Cow sold to Wm L. McMurray for 12.50 1 Cow sold to A B Graham for 13.25 1 Cow sold to Wm L McMurray for 13.00 1 Bull sold to John Deel for 12.25 1 Heifer sold to IN Smith for 9.50 2 Red Sears ? Sold to IN Smith 10.00 10 Yearlings sold to IN Smith at $3.75 each 37.50 1 Double Barrel Gun A I N Smith for 30.00 500 lbs Fodder to Hannah Smith at 1.00 for 100 lbs. 5.00 [total] $925.05 The above amount of sales is subject to a deduction of $250.00 set apart to the widow by order of your Honor. The undersigned states that for all the above amounts he took the notes of the purchasers of the property due twelve months after date with such security as is required by law. He further states that after the filing of the inventory and appraisement of said Estate and before the day of said sale there were killed by Dogs and otherwise destroyed four head of the sheep. He further states that on the day before said sale was to take place he was enabled to gather and pen twelve head of stock cattle consisting of Cows and Yearlings, that owing to the fact that the weather was very cold and severe and he was not prepared to keep said Cattle up and feed them until he could get an order of Your Honor for the sale of them he sold said Cattle with the other property being satisfied that is would be for the best interest of the estate: That before he sold the Cattle he called upon Wm Bromley, Wm Little and Minor Anderson to appraise said twelve head of cattle and they did appraise them to be worth Eight dollars per head. He states that the regularly appointed appraisers of said estate to wit: Thompson Camp Geo H. Ramey and Bennett Boggess were absent was the reason that he called upon said Bromley Little and Anderson to appraise said property. He therefore prays your Honor to receive said appraisement and confirm the sale of said property with the sale of the property regularly appraised and sold. All of which is respectfully submitted. [signed] H M Smith adminr This day came into open court Henry M. Smith and made oath that the within and foregoing report of sales is correct to the best of his knowledge and belief. Sworn to in open court this 27th of March AD 1855 [signed] _______ ccc Rusk co ---------//------------ 1020 Greenway Brothers Vs Henry M. Smith in his own right & as admr of James Smith decd Now comes the plaintiff by attorney & moves the Court to grant him a Judgment for the interest on the note ____ued __ow in this case upon the Special verdict rendered by the Jury on the 16th day of the present Term of the Court & to correct & Amend page 510 the judgment rendered on said 16th day in this cause by adding ____ the interest accrued on said note which note being considered ___ by the court is granted. And is thereupon considered by the court that the said Plaintiffs recover of the said defendant, the sum of fourteen hundred & ninety one dollars principal money & the further sum of two hundred & fifty six dollars & eighteen cents interest making together the sum of Seventeen hundred & forty seven dollars & eighteen cents together with all costs in this behalf incurred for which let execution issue against the said H. M. Smith in his own right and that the Judgment be certified to the County Court as Henry M. Smith administrator as aforesaid and be paid in due course of administration. BILL OF COSTS filing suit 10 c Docking 15 c 3 copies of Petition $2.40 = $2.65 3 Writs $.50 Copy of Per for Issuing Scr Fa $1.00 $3.25 Sci Fa 75 c 2 Appearances 20 c Filing 13 papers $1.30 Taking Bond $1.00 $2.50 Entering 2 orders 2 motions $1.00 Jury & verdict 50 c $2.50 $1.00 Recording Taking cost 25 c Jury fee $3.00 $3.75 Judgment 50 c Fe Fa & recording Shffs fee - Wright $2.00 $3.00 return $1.00 Shff Barton $ 1.50 Copy of Judgment 75 c $2.25 [total] $19.90 The State of Texas County of Rusk I, John P. Grigsby clerk of the District Court within and for the County of Rusk do hereby certify that the above and foregoing is a true copy of the judgment rendered by the District Court of Rusk County on the 18th day of the Spring Term 1855 in the case of Greenway Brothers & Co Vs Henry M. Smith in his own right as administrator of James Smith Decd also a correct copy of the costs as taxed in said cause as the same is of Record in my office. Witness my hand and the seal of said court at office this the 12 day of Septr AD 1855. [signed] John P. Grigsby Clerk D C R C Copy of Judt: Filed Sept 12th 1855 ________ ccc Rusk Co ------------//------------- 1053 John M. Rankin The State of Texas Vs County of Rusk Andrew J. Smith Henry M. Smith Admr of the Estate of James Smith Decd. And now comes the parties by their attorneys and the motion of the plaintiff and the clerk to amend the writ of Scise Facias [?] issued herein by fixing the seal thereto being presented it is ordered by the court that the motion be granted and the writ be amended by fixing the seal thereto as prayed and the parties having announced themselves ready for trial - defendants withdrew their answer and say nothing in bar or preclusion of plaintiffs cause of action. It is therefore considered and adjudged by the Court that the plaintiff John M. Rankin do have and recover of defendants Andrew J. Smith and Henry M. Smith administrator of the estate of James Smith Decd the sum of Eight Hundred and eighty four dollars and twenty cents principal of the note sued on and the sum of one hundred page 511 and nineteen dollars and eighty one cents interest thereon making in all the sum of One thousand and four dollars together with all costs in this behalf expended : and it is ordered that execution issue against Andrew J. Smith one of the makers of the note for the amount of this Judgment and costs and it is further ordered by the court that this judgment as against Henry M. Smith stand against and be ranked as an acknowledged claim against the estate of James Smith decd to be paid and discharged in the due course of administration. Page 514 Estate of James Smith The State of Texas County of Rusk I, John P. Grigsby Clerk of the District Court within and for said county do hereby certify that the above and foregoing is a true copy of the original rendered on the second day of the Fall Term A D 1855 as the same is of record in my office - also of the bill of costs as taxed in said cause. Witness my hand and the seal of said court at office this the 3rd day of January 1856. John P. Grigsby by Clk DC RC Certified Copy of Judgment Filed Jan 5th 1856 __________ ccc Rusk Co.