Probate; 1872-Partition & Distribution-Headright of Geo. M. Martin-Van Zandt 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 *********************************************************************** Book O, Pages 662, 663, 664 and 665: Partition & Distribution-Headright of Geo. M. Martin; June Term of 1872; District Court of Van Zandt County; Signed: July 24th, A. D. 1872 Rebecca Mundane and Samuel Murrell, Heirs of : Edward Murrell Jr., Deceased John C Robertson and Amanda (Mundane ?) Verses; Richard Wells ; Defendant Now comes Daniel Scroggins, John G. McBee, Daniel Kaufman three of the commissioners appointed at the last term of this Court to Partition and divide 480 acres of land of the Headright of Geo. M. Martin, situated in the County of Van Zandt and make their report and it appearing to the satisfaction of the Court that said Commissioners have divided said land according to the order, direction and decree ordered at the last term of this court. It is therefore ordered in accordance with the report of said Commissioners that the following tract of land a part of Said 480 acres, be and the same is set apart to Amanda Mundane and the title thereto vested in her, and divested from the other parties to this suit to wit; forty acres in survey No.1 of said Report. Beginning at a rock on the prairie the corner of a 480 Acre Survey Patented to G. W. Martin. Thence S. 45 degrees E. at 650 varas a Stake on Prairie the s. corner of H.M. Daugtrey’s Survey; Thence S. 45 degrees W. at 650 varas a rock and mound for corner; Thence N. 45 degrees E. at 346 1/10th varas to the Beginning; It is further ordered adjudged and decreed that the following described tract of eighty eight acres of land a part of said 480 acres be set apart and the title thereto vested in the “Defendant Richard Wells,” and the title thereto divided from all the other parties to this suit, to wit: Beginning at a rock and mound on prairie the S. corner of Lot No.1; Thence @. 45 degrees W. at 20, 910 vs a rock for corner; Thence S. 45 degrees E. at 148 2/10ths varas a rock and mound for corner; Thence S. 45 degrees W. at 600 5/10ths varas a Post from which a (frond?) brs 7,110 vrs; Thence N. 45 degrees W. 798 8/10ths vrs a Post Oak from which a Persimmon 8 inches in dia. brs. S. 15 degrees W. 121 vrs; Thence N. 45 degrees S. 626 4/10ths vrs a Post Oak the West corner of North; Thence S. 45 degrees E. at 650 vs to the Beginning; It is further ordered and decreed by the Court that the following described tract of land a part of the said 480 acres be set apart to Samuel Murrell and the title of all the other Parties of this suit be divested and vested in the Said Samuel Murrell to wit; 88 acres to wit; Beginning at a stake and mound on the prairie the 2nd and E. corner of Survey to and on (9/10?) on the No. E. line of Said Martin Survey. Thence S. 45 degrees E. 618 6/10ths varas a Rock for corner; Thence S. 45 degrees N. at 803 varas to rock for corner; Thence N. 45 degrees a 1618 ?/10ths 7 vrs a post (1/25-110?) from which a (clump?) of (Coke/Oak? Bushes?) bears S. 77 degrees W. 68 vrs; Thence N. 45 degrees E. at 803 vrs to the Beginning; (4th)It is further ordered, adjudged and decreed by the Court that the following tract of 88 acres of land a part of Said 450 acres be set apart to Rebecca Mundane and the title of all Parties to this suit be divested and the same vested in the same Rebecca Mundane, to wit; Beginning at a rock on the prairie the East corner of Survey No. 3. Thence S. 45 degrees West with said Martin Survey, at 803 vrs a post to pl. corner of said Martin Survey, No. bearings; Thence N. 45 degrees West 618-6/10ths vrs a Post Oak S. corner of Survey No. 3; Thence N. 45 degrees E. North the N.E. line of No. 3. At 503 varas to the Beginning; (5th) It is further ordered, adjudged and decreed that the following described tract of 88 acres of land a part of said 480 acres be set apart to John C Robertson the (word is unreadable) of William Murrell, title of all the other Parties be divested and the same is hereby vested in the Said John C. Robertson to wit: Beginning at a Post the West corner of Survey No. 3 a part from which a clump of Oak brs. S. 88 N. 68 vrs. Thence North 45 degrees E. at 19 degrees 1-5/10ths varas at a Posts the South corner of No. 2. From which a Pond brs W. 10 varas. Thence N. 45 degrees W. at 798-8/10ths varas a Rock the west corner of No. 2. From which a Persimmon 8 inches dia. brs S. 15 degrees W. 120 varas; Thence S. 45 degrees W. at 600-5/10ths varas a Post from which and Elm 12 inches dia brs N. 86 E. about 200 varas; Thence S. 45 degrees E. at 260 varas brs (?) E 21 vs wide 410 varas-line tree Persimmon 6 inches in dia. at 890 varas a Post from which a Persimmon 6 inches in diameter brs N. 32 W. 168 varas; Thence N. 45 degrees E. at 403 varas to a creek; Thence N. 65 degrees W. at 289 varas to the beginning; (6th) It is further ordered, adjudged and decreed that the following described tract of Land be set apart to John Murrell, Isabella Murrell, Laura Murrell, Alice Murrell and Edward Murrell , survivors and children of Edward Murrell Jr., deceased to wit; 88 acres from the title of all the other Parties to this suit be divested and the same vested in the said Survivors and Children of Edward Murrell Jr. Deceased to wit; Beginning at a Post the west corner of Survey No. 5. From which an Elm 12 inches in dia. brs 7686 E. about 200 vrs . Thence S. 45 degrees W. at 547 varas a Post the corner of said survey from which a Forked Hackberry brs S. 47-1/2 E. 4 varas; Thence S. 45 degrees E. at 870 varas from which a Locust brs N. 5 E. 392 varas; Thence N. 45 degrees E. at 547 varas a post the corner of Survey No. 5. From which a Persimmon two inches in dia. brs N. 32 degrees W. 160 varas; Thence N. 45 degrees W. with No. 5 at 890 varas a Post the Place of Beginning; It further appearing to the court that the following diagram as made by Said Commissioners a correct Partition of Said Land and how the same was done. It is ordered that the same be inserted and constitute a part of this Decree. Author’s Note: I prepared this description, it is not part of the original deed. Elnora Frances Cook-Wyrick. Picture of Diagram showing 6 divisions in the shape of a (top heavy/leaning “T”) described as follows: Top of “T”, top to bottom: Division #1. NE to SW 40 acre section labeled to A. Mundane Division #2. NE to SW 88 acre section labeled to Richard Wells Division #5. NE to SW 88 acres labeled to J.C. Robertson Division #6. NE to SW 88 acres labeled to Murrell Heirs Bottom of “T”: Division #3. NW to SE 88 acres labeled to Sam Murrell Division #4. NW to SE 88 acres labeled to Rebecca Mundane They further report that they were engaged on Said Land one day and one day co-making this report , making two days each, and one of the Said Commissioners was also engaged one other day to procure the services of a Surveyor making a total sum of seven days. They further report that they engaged the service of the County Surveyor J.C. (Peavy/Perry ?) and he renders in his account as follows; Survey: $10.00 To the Commissioners 7 days $14.00 all of which they respectfully ask may be decreed to be paid, and that they be discharged. Signed: J.C. (Peavy/Perry?), D. W. Scroggins, D. (H/W ?) (Coffman/Kaufman?) J.G. McBee Sworn to and Subscribed before me this 24th Day of June A.D. 1872. Signed: F.M. Hobbs, Clerk District Court, Van Zandt County, Texas And it appearing to the Court that the said Commissioners D.W. Scroggins, John G. McBee and Daniel Coffman appointed by this Court at the last term to Partition and divide 480 acres of land granted to Geo. W. Martin by Patent No. 27 recorded in Vol. 8 between the parties named in said order of appointment and that they did go upon the Said Land and did Partition the Same according to quantity and quality, the amount of Land of each is respectfully entitled to under the decree of the Court and that the diagram is to accompany each report showing Said division numbered from one to 6 inclusive is also correct. Said report is in all things fully confirmed and Said Commissioners are discharged. And it is further ordered and decreed that the parties to this suit pay the costs of the same in accordance to the proportions of their respective shares and that executors issue against land of each party for their respective shares of the costs herein laid out and expended. The State of Texas] County of Van Zandt ] I, F.M. Hobbs, Clerk of the District court within and for Said County do hereby certify that the above and foregoing is a true and correct copy of the decree ordered in said Court at the June Term A.D. 1872 of the District Court of Van Zandt County as appears on the Minutes of said Court pages 444, 445, 446, 447 and 448. Given under my hand and Seal of Office at Canton, Texas, July 24th A.D. 1872 Signed: F.M. Hobbs, Clerk District Court, Van Zandt County, Texas [LS] Filed in Office for record July 16th A.D. 1872 at 4 O’clock P.M. Recorded July 26th A. D. 1872 2 O’clock P.M. pages 662, 663, 664 and 665, in Book “O” Record of Deeds. Signed: F. M. Hobbs, Clerk District Court, Van Zandt County, Texas.