Estate Sale; 1908-John White (Guardian) to J.L.Lybrand-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 *********************************************************************** Vol. 89, Page 118: page 1 9 April 1908: Deed Written 5 May 1908: Deed Recorded Bertie White and Martin White; by Guardian (John White) to J. L. Lybrand Estate Sale; 57 Acres The State of Texas] County of Van Zandt] Whereas by Order of the County Court of Van Zandt County, Texas, sitting in matters of probate, made at the March Term 1908 of said Court directing the sale of the tract of land hereinafter mentioned belonging to the estate of Martin White and Bertie White, Minors, guardianship of which was then pending in said Court for an application; upon an application for an order to sell land belonging to said estate made to said Court on the 19th day of Dec 1907, I, John White, Guardian of the estate of said minors, did on the 7th day of March 1908 sell at private sale at Wills Point in the said county of Van Zandt, the said tract of land to J. L. Lybrand for the sum of Eight hundred and seventy five <$875.00>Dollars on terms of $625.00 cash and a balance on a credit of one and two equal annual payments in accordance with-said order of Court made on the 2nd day of March 1908, as aforesaid. And whereas the report of said sale having been made to said Court was on the 14th day of March 1908, at the March Term 1908, of said Court in all respects approved and confirmed. end of page 1. Page 2. No. 1076- Guardianship of Martin White and Bertie White, minors In the County Court, Van Zandt County, Texas, March Term: March 14, 1908: This day came on to be heard in the Guardianship of Martin White and Bertie White, Minors, the report of John White, Guardian of said Minors, of the sale of the tract of land hereinafter described, made in obedience to the order of this court made and entered on the 2nd day of March 1908; and it appearing to the Court that the said report of sale has been filed and docketed in the manners called for, in the time required by law; and it further appearing upon examination that the said sale was fairly made and in conformity with law, and that said land brought a fair price and it further appearing that J. L. Lybrand became the purchaser of said land at private sale for the sum of Eight Hundred and Seventy five Dollars, payable six hundred and twenty five Dollars cash and the on a credit of one and two equal payments to be secured as the law directs. That said sale ought to be confirmed, and that the said land is described as follows, towit; 45 Acres of the James Hamilton Survey in Van Zandt County, Texas, about one mile North of the town of Wills Point an being part of the James Hamilton Survey No. 17, bounded as follows; Beginning at the East corner of a 25 Acre Tract sold by John White to J. L. Lybrand, Thence South with said line 100 varas a corner Thence S. 45 degrees W. at 105 varas corner being a corner of the Freeze Tract of land Thence a South Eastern direction with the line of the said Freeze Tract at 450 varas ** end of page 2. Page 3. To the corner on Iron Bridge Road Thence N. 45 degrees E. at 525 varas to the place of beginning. Also another Tract part of the same Survey adjoining the above, bounded as follows; Beginning at the west Corner of a Ten Acre Tract sold by John White to J. L. Lybrand. Thence S 45 degrees W. at 245 varas a corner on line of Manghon’s pasture; Thence N. 45 degrees W. at 475 varas a corner on Wills Point and Iron Bridge Road. Thence N. 45 Degrees E. to the place of beginning said two Tracts aggregating 57 Acres It is therefore ordered, adjudged and decreed by the Court that the said sale be and the same is in all respects approved and confirmed; and that the said report of sale be recorded by the Clerk. And it is further ordered that the said John White, Guardian as aforesaid, make a proper conveyance of the said land to the said J. L. Lybrand upon his compliance with the said terms of sale. Now therefore in consideration of the premises, and of $625.00 to me in hand paid the receipt of which is hereby acknowledged and two promissory notes of even date herewith due 14th day of March 1909, and the 14th day of March 1910, with ten percent interest per annum from date until paid in accordance with said order of Court as aforesaid, said notes providing for ten per cent attorneys fees, placed in the hands of an attorney for collection, and payable to my order as guardian of said estate and executed by the said J. L. Lybrand, to secure the payment of which a vendor’s lien is hereby retained on the premises hereinafter described. Have granted, sold, and conveyed and by these presents do grant, bargain, sell and convey unto the said J. L. Lybrand of Van Zandt, County. ** end of page 3. Page 4. State of Texas, and more particularly described as follows, towit: 45 Acres of the James Hamilton Survey in Van Zandt County, Texas, about one mile North of the town of Wills Point, and being a part of the James Hamilton Survey No. 17, bounded as follow: Beginning at the East corner of a 25 acre Tract sold by John white to J. L. Lybrand: Thence West at 662 varas with said Lybrand’s line to corner of Jno Howell’s E.B. Line, Thence South with said line 100 varas a corner; Thence S. 45 degrees W. at 105 varas a corner being a corner of the Freeze Tract of land. Thence in a southeastern direction with the line of said Freeze Tract at 450 varas to corner on the Iron Bridge Road. Thence N. 45 degrees E. at 525 varas to the place of beginning. Also another Tract part of the same Survey, adjoining the above bounded as follows; Beginning at the West Corner of a Ten Acre Tract sold by John White to J. L. Lybrand; Thence S. 54 degrees E. at 475 varas to corner on Willson’s Line; Thence S. 45 degrees W. at 245 varas to corner on line of Manghon’s Pasture; Thence N. 45 degrees W. at 475 varas a corner on the Wills Point and Iron Bridge Road Thence N. 45 degrees E. to the place of beginning. Said two Tracts containing 57 acres of land more or less. To have and to hold the above described premises, together with all the rights and appurtenances thereto in anywise belonging unto the said J. L. Lybrand his heirs and assigns forever. And I, the said John White, as for the power in me lies, as guardian of said estate, and by virtue of and under the orders of said Court do hereby bind myself as such Guardian of said Minors, as well as said Minors themselves to warrant and forever defend all and singular the said premises unto the said J. L. Lybrand and his heirs and assigns against every person whomsoever lawfully claiming or the claim the same or any part thereof. ** end of page 4. Page 5. Witness my hand this 14th day of March 1908. Signed: John White, Guardian of the Estate of Martin White and Bertie White, Minors The State of Texas] Van Zandt County] Before me, E.A. Wingo, a Notary Public in and for the County of Van Zandt and State of Texas, on this day personally appeared John White, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as Guardian of the Estate of Martin White and Bertie White, Minors for the purposes and consideration therein expressed, and in the capacity therein stated and set forth. Given under my hand and Seal of Office this the 14th day of March 1908. Signed: E. A. Wingo, Notary Public, Van Zandt, County, Texas Filed for Record April 9, 1908, at 5 o’clock P.M. and Recorded May 5, 1908. Signed: C. A. Mayfield, County Clerk by; Chas L. Hibbard, Deputy