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Probate of Jeremiah Cloud, Austin county, TX, 1866-1867

(my file CLOUD01.DOC)  .....  transcribed by Ellen M.W. Crawford

Vol O, pp 444-454
Austin Co TX Probates
LDS Film # 1017525

(445)   The Estate of Jeremiah Cloud Sr Dec'd

Houston Texas Apl 13 1860
Bought of T W House & Co Dealers in Staples and Fancy Dry Goods.  Boots, Shoes, Hats, Caps. Hardware, Crockery, Groceries & e

M F Cloud Sales S
Folio 37th
Sold by WC


2 Bolts Flour               7.75                 $ 15.50
4 Sks Salt                  1.50                    6.00
1 Box Tobacco        20      .35                    7.00
1/2 Bul 50 Rice      94     6 1/2                   6.61
2 lb Ginger                   1/2                    .25
2 "   Spice                   15                     .30
25 " Apples      Sk 15        11 1/2                2.90
5 gals Whiskey   Keg 17       17                    7.50
                           dray                      .60
1 pr towels         31      1 1/2                   3.94
1 pr domestic       34     11 1/2                   3.97
1 pr blankets                                       4.00
48 lbs Feathers               51                   30.00
14 yds calico                 11                    1.75
1 pr stripes                  53      ?             6.72
1 hat                                               2.50
1 Dish                                              1.00
1 set corners                                       1.50
1  "  tumblers                                       .75
1  "  tea spoons                                    1.00
1  "  ta   "                                         .75
1 pr shoes                                          1.50
9 yds tick                    18                    1.62
1 Coffee Mill                                        .50
1 Dress pattern                                    11.00
3 yds linen                   10 1/2                3.75
1 pc domestic        42       11                    4.68
1 pr boots                                          5.00
1 whip                                              2.50
                                                 $135.09

                        Exhibit A, T W House

Filed March 31st 1862

                Z W Matthews

Recorded March 10th AD 1866

                                                John R Campbell Clerk
                                                        By Z W Matthews Dept


From Minutes E page 468.  Thursday February 1st AD 1866.  The Estate of Jeremiah Cloud dec'd.  Now at this term of the court came up for consideration & action the claim of F M Cloud one of the administrators of said estate for sixteen hundred and eleven dollars & sixteen cents ($1611.16) against said estate which was filed in Court December 30th 1861 & has since been continued for action in consequence of the absence of said Admr in the Military Service &e & now said claim with the evidence offered in support of the same having been fully examined and considered & the court being satisfied from the evidence that said claim is just it is therefore considered by the court ordered, adjudged & decreed that said claim be & the same is hereby approved for the full amount thereof to be paid in due course of administration.

Recorded March 10th 1866

                                                John R Campbell   Clerk
                                                        By Z W Matthews  Dept

State of Texas
Austin County

        Estate of Jeremiah Cloud dec'd.  January Term County Court AD 1866.  To the Hon C B Oney Chief Justice AC.  The petition of Elizabeth Cloud surviving wife Jeremiah Cloud late of said county dec'd represents that heretofore at the October Term of your Hon Court for the year 1861, an order was made to partition the common property of said estate between your petitioner & said estate as the same appeared upon the inventory of said estate returned to said Term of Court & that a partition of all said common property was made & returned to the November Term of Court for said year 1861.  except the Homestead tract of 155 1/2 acres in Austin County on which petitioner now resides & that said tract was not partitioned for the reason that H G W Cloud one of the heirs claimed that the same was seperate & not community property & asked * obtained permission of the Court to make proof of the fact & that he has failed up to this time to make or offer any such proof to the court & said tract having been returned & still standing on the inventory as community property & your petitioner having given her bond for the payment of one half of all the debts against said estate which said bond is on file in this court petitioner therefore prays that said tract of 155 1/2 acres of land be ordered to be partitioned between her & said estate & the commissioners of partition be now at this Term appointed by your Honor for that purpose.

                                                Hunt & Holland
                                                        Attys for Petitioner

Filed Jany 31st AD 1866
Recorded March 10th AD 1866

                                John R Campbell   Clerk
                                        Z W Matthews  Dept

(446)  The estate of Jeremiah Cloud Sr Dec'd


 From Minutes E page 469.  Thursday February 1st AD 1866.  The estate of Jeremiah Cloud dec'd.  In the matter of the application of Elizabeth Cloud surviving wife of said dec'd for partition of the Homestead tract of one hundred and fifty-five and one half acres of land in Austin County, The community property of petitioner and said dec'd as returned upon the inventory of the Estate of said as returned upon the inventory of the Estate of said dec'd.  It appearing to the court that said applicant has filed in court her bond approved for the payment of one half of all debts existing against the common property of said dec'd and said applicant.  It is therefore considered by the Court ordered adjudged and decreed that said application be granted & that said Homestead tract of land be partitioned equally between said applicant and the estate of said dec'd and that B F Foster, R W Seales, Wm Puncherd, James Sands and D Eastman, citizens of Austin County be and they are hereby appointed commissioners to make equal & just partition of the same as aforesaid and make report thereof to this court under oath, and the clerk if ordered to issue a commission to the citizens above named authorizing & requiring them to act in the promises in accordance with this decree.

Recorded March 10th AD 1866

                                                John R Campbell   Clerk
                                                        By Z W Matthews   Dept

The State of Texas
County of Austin

        To Citizens B F Foster, R W Seales, and D Eastman.  Whereas by an order entered upon the minutes of the County Court of Austin County sitting in matters of Probate &e at the January Term AD 1866, You were appointee commissioners to make a partition and distribution of the community estate of Jeremiah Cloud deceased & Elizabeth Cloud surviving widow among the heirs of the said estate, These are therefore to command you to proceed forthwith to make such partition and distribution in accordance with said order of said court (s copy of which accompanies this writ) and due return make under oath of this writ before some officer authorized to administer oaths on or before the April Term AD 1866 of said Court.

            Given under my hand and the impress of the seal
            of the County Court of Austin County at office in
            the town of Bellville  Mch the 3rd AD 1866

            John R Campbell Clerk County Court Austin County
                                                By Z W Matthews   Deputy


        The estate of Jeremiah Cloud Dec'd.  In the matter of the application of Elizabeth Cloud surviving wife of said dec'd for partition (447) of the Homestead tract of one hundred and fifty five and one half acres of land in Austin County the community property of petitioner and said dec'd as returned upon the inventory of the estate of said dec'd.  It appearing to the court that said applicant has filed in court her bond approved for the payment of one half of all debts existing against the common property of said dec'd and said applicant.

        It is therefore considered by the court, ordered, adjudged and decreed that said application be granted & that said homestead tract of land be partitioned equally between said applicant and the estate of said dec'd and that B F Foster, R W Seales, Wm Punchard, James Sands and D Eastman citizens of Austin County be and they are hereby appointed commissioners to make equal & just partition of the same as aforesaid and make report thereof to this court under oath and the clerk is ordered to issue a commission to the citizens above named authorizing & requiring them to act in the premises in accordance with this decree.


The State of Texas
Austin County

        By virtue of the annexed commission & copy of decree in the County Court of said County we the undersigned commissioners appointed by said court for the purpose proceeded to partition & divide the homestead tract of land, a part of the community estate of Jeremiah Cloud dec'd inventoried as one hundred & fifty-five & a half acres between said estate & Elizabeth Cloud surviving wife of said dec'd on the first day of May AD 1866 & having carefully examined the premises in connection with a plot & field notes of a survey of the same made by B F Elliot Esqr on the 27th day of April AD 1866 which is hereto attached marked A & made a part of this report & adopted by us as a fair just & equal division & partition of said tract into two equal parts or lots numbered 1 & 2 so near as the same can be made & thereupon we assigned to said Elizabeth Cloud the East half or lot No 1 including the dwelling house in which she resides & annexed improvements the paying the sum of eighty seven dollars to Lot No 2 to equalize the same with said lot No 1 & said lot No 2 or West half with said sum we assigned to the Estate of Jeremiah Cloud dec'd each of said lots containing seventy three & a half acres.  Said entire homestead tract containing as appears on one hundred & forty seven acres upon actual survey, all of which is respectfully submitted (448)  under oath.

                                        E D Eastman
                                        Robt W Scales
                                        B F Foster

Sworn to and subscribed before me the undersigned authority this 2nd day of May AD 1866

                         B S Harrison JPAC B No 2


               In this area is a map of the tract of land


        Plot & Field notes of the partition of the Homestead tract of land belonging to the late Jerry Cloud dec'd & his wife Elizabeth Cloud.

        Lot No 1 begins at Boggy branch at the lower corner of said tract thence N 10 W 565 varas to a Rock set for NE corner of said Homestead thence S 86 W 528 varas to a rock set up on the north boundary of said Homestead thence S 10 E 885 varas to said Boggy branch with its meanders to the place of beginning containing seventy three and one half acres of land.

Surveyed April 27th 1866

                                     B F Elliott

        Lot No 2 begins on Boggy branch at the upper or SW corner of No 1 at an ash tree 6 inches in diameter marked Z thence N 10 W 885 varas with the west line of lot No 1 to the NW corner of the same at a rock in prairie thence S 80 W 500 veras with the North boundary of said homestead to a rock in prairie at the NW corner of the same thence S 10 E with the west line of said homestead 729 varas to the aforesaid boggy branch at the upper or SW corner of said homestead (449)  thence down said branch with its meanders to the beginning containing seventy three and one half acres of land.

Surveyed April 27th 1866

                                B F Elliott

Filed May 2nd AD 1866 & accorded May 3rd AD 1866

                                John R Campbell   clerk
                                        By Z W Matthews   dept


 From Minutes E page 54.  Wednesday May 2nd AD 1866.  The Estate of Jeremiah Cloud Sr dec'd.  In the matter of the partition of the Homestead tract of land belonging to said estate inventoried as one hundred and fifty five and a half acres, a part of the community property of said dec'd and his surviving wife Elizabeth Cloud situate on Caney Creek in Austin County, the report of the commissioners of partition appointed at a former term of this court filed this 5 day of May AD 1866 coming up for the consideration of the court and it appearing to the court that said commissioners in accordance with the decree of this court had partitioned said tract between said estate and said Elizabeth into two equal portions or lots numbered 1 & 2 as per plot and field notes of a survey of same made by B F Elliott a competent surveyor of Austin County which is adopted by said commissioners as a part of the said report and have assigned lot No 1 the east half containing seventy three and a half acres including homestead residence &e to said Elizabeth Cloud she paying eighty seven dollars to the estate of dec'd to equalize the partition and have also assigned lot No 2 the west half containing seventy three and a half acres to the estate of said dec'd it is therefore considered by the court that said report be and the same is hereby in all things approved and confirmed and that said Elizabeth Cloud take, have and hold in severally and in her own seperate right said log No 1 and all right and title to the same be and the same is hereby divested out of said estate and vested in the said Elizabeth and that she pay to said estate the said sum of eighty seven dollars and that said lot No 2 be and remain vested in said estate of Jeremiah Cloud dec'd in severally as a part thereof subject to administration and to legal distribution among those entitled to the same upon final settlement and partition of said estate.

Recorded May 3rd AD 1866

                                        John R Campbell   Clerk
                                        by Z W Matthews   Dept


(450)

State of Texas
Austin County

        Estate of Jeremiah Cloud dec'd.  Oct Term Co Court 1866.  To the Hon G W Johnson Judge &e.  F M Cloud admr of said estate represents that it will be for the interest of the estate for him to take claims for the use & benefit of the estate in some instances in exchange or payment of debts due the estate & he prays your Honor to make a decree authorizing him to take such claims whenever he may deem it to the advantage of the estate to do so & pnr prays &e.

                                                  Hunt & Holland
                                                  Attys for Petitioner

Filed Oct 31st 1866

                Z W Matthews clerk

Recorded June 11th 1867

                Z W Matthews clerk By John E McMullan Dept


 From Minutes F page 165.  Friday November 2nd AD 1866.  The estate of Jeremiah Cloud dec'd.  In the matter of the petition of the Admr praying for authority to take claims in payment of debts due said estate in cases where it may be deemed by the admr advantageous to the estate and the court having considered the same ordered that said admr be and they are hereby authorized to make such exchange of claims as prayed for and that they file a report of such exchanges subject to the approval of this court.

Recorded June 2nd 1867

                Z W Matthews Clerk By John E McMullan   Dept


 From Minutes F page 219.  The estate of Jeremiah Cloud dec'd.  The claim of C Ennis & Co against said estate consisting of a note for amt of one hundred dollars dated Houston April 5 1860 payable on the 1st of Oct 1860 with 10% int from date duly authenticated and allowed by the admr was this day examined by the County Judge approved and ordered to be paid in due course of administration.

Done in Vacation this 25th day of January AD 1867

Recorded June 11th 1867.

                Z W Matthews Clerk by John E McMullan    Dept


State of Texas
Austin County

        In County Court Decr 1866.  To the Hon G W Johnson Judge &e.  The petitions of Elizabeth Cloud & F M Cloud admrs of the estate of Jeremiah Cloud dec'd (451) represents that there is about seventy five acres of open cultavable land under fence belonging to said estate that ought to be rented for the year 1867 & they pray for an order to rent the same as aforesaid upon such terms as to your Honor may seem best.

                                        Hung & Holland
                                        Attys for Petitioners

Filed Decr 14th 1867 & recorded June 11th 1867.

                Z W Matthews clerk by John E McMullan   Dept


 From Minutes F page 196.  The Estate of Jeremiah Cloud Dec'd.  This day came up for the consideration of the court the petition of F M Cloud & Elizabeth Cloud Admrs of said estate filed this day praying the court for an order to rent the farm belonging to said estates for the year 1867 consisting of about seventy three acres of cultogable (?) land and the court having considered the same orders that said admrs be and they are hereby authorized to rent out said land for the 1867 on such terms as the admrs may think most advantageous to the estate taking notes with approved security and lien on the crop raised to secure the said money.

Done in Vacation this the 14th day of December AD 1866.

Recorded June 11th 1867.

                Z W Matthews clerk by John E McMullan   Dept


 From Minutes F page 238.  Tuesday January 29th AD 1867.  The estate of Jeremiah Cloud dec'd.  The matter pertaining to the filing of a return of renting are continued.

Recorded June 11th 1867        

                Z W Matthews clerk by John E McMullan  Dept


 From Minutes F page 271.  Wednesday February 27th AD 1867.  The estate of Jeremiah Cloud Dec'd.  The matters pertaining to the return of renting are continued.

Recorded June 11th 1867

                Z W Matthews clerk by John E McMullan  Dept.


(452)  The estate of Jeremiah Cloud Dec'd


 From Minutes F page 332.  Friday May 3rd AD 1867.  The estate of Jeremiah Cloud dec'd .  The matters pertaining to the report of renting in this estate are continued.

Recorded June 11th 1867

                Z W Matthews clerk by John E McMullan  dept


 From Minutes F page 328.  Tuesday May 28th AD 1867.  The Estate of Jeremiah Cloud Dec'd.  The matters pertaining to the report of renting are continued.

Recorded June 11th 1867.

                Z W Matthews  clerk by John E McMullan  dept


        From Minutes F page 358.  Monday June 24th AD 1867.  The estate of Jeremiah Cloud dec'd.  The matters in this estate are continued & it is ordered by the Court that citation be issued for admrs to make return of writing and exhibit of the condition of said estate at the next term thereof.

Recorded August 20th 1867.

                Z W Matthews  clerk by John E McMullan Dept

 

State of Texas
County of Austin

        County Court. In July Term 1867.  To the Sheriff or any constable of Austin County, Greetings:

        You are hereby commanded to summon F M Cloud & Elizabeth Cloud Admrs of the estate of Jeremiah Cloud dec'd if shall be found in your County to be and appear before the County Court of Austin County, at the court house in the town of Belleville on the last Monday in July 1867 then & there to render an Exhibit of the condition of said estate together with a report of renting.  You will deliver the admrs a true copy of this writ.  Herein rail not and make due return of this writ.  By order of the Honorable County Court.

Witness   Z W Matthews, clerk and seal of Austin County Court at office in Belleville this 5th day of July AD 1867

        Z W Matthews  clerk

Issued July 8th 1867

        Z W Matthews clerk
       
        Received July 8th 1867 & executed July 9th 1867 by delivering to the within named administrating in person a true copy of this writ each.

                                        Theodore H Luhn  Sheriff AC

Filed July 22nd 1867.

                        Z W Matthews  clerk

Recorded August 20th 1867

                Z W Matthews Clerk by John E McMullan Dept


(453)   July Term Co Court AD 1867.  Toe the Hon G W Johnson County Judge, F M Cloud one of the admr of the estate of Jeremiah Cloud dec'd makes return of the renting of about 75 acres of land in Austin County belonging to said estate for the year 1867, the same being done privately having first offered the same at public outcry & receiving no bid - The same was rented by D A Simpson for the sum of $75.00 Note & security taken for said amount.

                                                F M Cloud Admr

Sworn to and subscribed before me on this the 30th day of July 1867.
Filed July 30th 1867

                Z W Matthews clerk

Recorded August 20th 1867.

                Z W Matthews clerk by John E McMullan  Dept


        From minutes F page 379.  Tuesday July 30 AD 1867.  The estate of Jeremiah Cloud Dec'd.  The report of renting filed at this term was examined by the court approved and ordered of record.

Recorded August 20th 1867.

                Z W Matthews  clerk by John E McMullan  Dept


        Elizabeth & F M Cloud admrs of estate of Jeremiah Cloud dec'd in act for Exhibit of condition of said estate.


To cash on hand as per last Exhibit filed 29th Sept 1862     $ 63.00
Apl 1 1863 cash recd of James M Cloud his note for corn       211.57
Mar 1863 cash recd of Hillman Lewis for mare & cold           173.00
Apl 1863 cash recd of James M Cloud sale note                  56.00
Aug 25 1862 cash recd of L D Bragg                             16.50
 "  "   "    "    "   "  J W Tottenham                         70.00
Jany 1863    "    "   "  W B Washum                            86.50
Mar   "      "    "   "  Jas M Cloud (yr 1862)                652.80
             "Cr"
Nov 1865 by cash pd  S Howard Co Clk                v 1        14.30
Dec 1865 "   "   "   J W Tottenham                  v 2       235.00
 "   "   "   "   "   W J Cocke                      " 3        26.40
Jany 22/63   "   "   John Umland                    " 4        37.70
"    21 "    "   "   S M Buster                     " 5        56.25
Mar 20  "    "   "   Atkinson & Chappell            " 6        52.22
Apl 13  "    "   "   L Cannon                       " 7        39.93
Dec 16/65    "   "   Z W Matthews  Co Clk           " 8        44.00
 "   "       "   "   G W Johnson Judge              " 9        18.50
May 3 1861   "   "   S Brewer (tax 1859)            " 10       19.68
Nov 20  "    "   "   Jno P Osterhaut  J P           " 11        5.00
May 20/63    "   "   S Brewer (Tax 1862)            " 12       36.87

(454)

Feb 15/62    "   "   S Brewer     ( " 1863)         " 13
Apl 16/65    "   "   S Brewer     ( " 1864)         " 14
 "  25/64    "   "   E Cleveland  ( " 1863)         " 15
Nov 28 "     "   "   E Cleveland  ( " 1864)         " 16
Mar 15/66    "   "   F M Cloud  Admr claim          " 17      611.00

        The Admr state that no claims against the estate have been presented to them since the expiration of twelve months from the original grant of administration that no suits have been brought against the estate & the admr have brought as yet but one suit since last exhibit in favor of said estate & that is now pending in the County Court of Austin County being on a note for $200 given to admrs by D E Bartley, W Ahrenbeck & brother & R B Lee 4th of January 1862 - The admrs have not been able to make collections to any considerable amount & have now on hand nearly all the notes taken by them for original sales of property, hire of slaves &e & they say that some of the notes on hand were given by heirs of said estate & they ask the advise & authority of the court permitting them to give up said notes to the extent of the interest of said being respectively in said estate.

                                            F M Cloud
                                              Admrs

Sworn to and subscribed before me on this 30th Sept AD 1867.
Filed Sept 30th 1867

                Z W Matthews  clerk

Recorded Oct 8th 1867

                Z W Matthews clerk by John E McMullan  Dept


 From Minutes F page 423.  Tuesday October 1st 1867.  The estate of Jeremiah Cloud dec'd.  The exhibit of the condition of said estate filed Sept 30th 1867 was this day examined by the court approved and ordered of record.

Recorded October 8th 1867

                Z W Matthews clerk by John E McMullan  Dept


        Carried to Book R page 60


  
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