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State of Texas
Austin County
In County Court. January Term /77.
Estate of Jeremiah Cloud deceased. To the Hon. John A Bill County Judge.
Frank Cobb a resident of the state of Alabama County of Benton with respect
makes known to your Honor that he is one of the heirs of said deceased and entitled
to a distributive share of 1/9 as is shown by the record of this court that
according to the Admrs showing he has a large --?-- funds on hand and has had
the same for several years. Petitioner prays that the admr F M Cloud be
cited to appear at the next term of your Honors Court for probate business and
show cause why he retains said money in his hand and why he has not paid the
amount coming to petitioner and that the said Admr be cited to make a full and
complete showing in regard to said estate for costs &e.
E Blane and
Christy & Haggerty
for Cobb
Filed Dec 6th 1876. Recorded May
2nd 1877
Z W Matthews clerk
The State of Texas
To the Sheriff or any Constable of
Austin County - Greetings; You are hereby commanded to summon F M Cloud
Admr of the Estate of Jeremiah Cloud decd to appear before the County Court
of Austin County to be held at the Court House in the town of Bellville on the
third Monday in January 1877 then and there to answer the petition of Frank
Cobb now on file in said court against the said F M Cloud Admr of the estate
of Jeremiah Cloud decd a certified copy of which accompanies this writ herein
fail not and have you thee and there this writ showing how you have executed
the same.
Witness
Z W Matthews clerk of the County Court of
of Austin County. Given under my hand and seal
office at Bellville this the 7th day of
December AD 1876
Z W Matthews
Clerk County Court Austin County
Courthouse
Issued Dec 7th 1876
Z W Matthews clerk
Came to hand this the 7th day of
December 1876 and executed the 9th day of Dec 1876 by delivering to F M Cloud
the within named defendant, a true copy of this writ with the accompanying certified
copy of Plaintiffs petition.
C Langh--?--
Sheriff AC
Filed December 13th 1876. Recorded May 21st 1877
Z W Matthews Clerk
(124)
F M Cloud Admrs of the Estate of
Jeremiah Cloud deceased. In acct for settlement with the heirs of said
estate in response to citation.
Aug 1872 --?-- and --?-- of land shown by exhibit filed Nov 2/69
$ 200.00
-?- 73 Amt recd for 1/2 interest
in Jones Co land. The sale
filed Nov 19/73
32.10
-?- 73 Amt recd for 1/2 int in Hamilton
Co land. Sale filed
Nov 19/73
234.80
Amt recd for 1/2
int in Bosque Co land Ret sale filed
June 4/72
33.59
Amt recd from
Mrs Francis for 50 1/4 acres land in Washington
Co Retd sale filed Mch 23/72
373.96
Amt recd for Austin
Co land ret sale filed Mch 22/72
1975.90
The following notes against heirs charged
as assets & to be taken by respective heirs as money under decree of petition.
H G W Cloud
65.00
" " " "
182.00
" " " " $50.00, 1/2 chargeable
25.00
J C Cloud
150.00
" " "
128.00
Mary J. Cavendon -?-
170.50
Jas M Cloud Hickman & Henderson
240.00
" "
" " $82.50 1/2 chargeable
41.25
" "
" "
$ 100.00
Amt Carried forward
4495.10
Amt brought forward
$4495.10
--?-- in charge of commission final act Nov/69
95.95
" " " "
" " "
" "
53.95
(paying out on Admrs
claims)
$4345.00
1971
Nov
Cr
By amt due Admrs allowed by Court Aug 4/71
337.51
" " taxes pd & allowed by court Aug 4/71
11.17
" " amt taxes for 1871
vs 1 & 2 32.81
" " " spl school tax
v 3
11.96
" " " paid Hunt & Holland
" 5
20.00
" " " " S R Blake
" 6
4.00
" " " " Sheff Arnold Milam Co
" 7
27.50
" " " " A Glenn
" 8
20.00
" " " " Tax Bosque Co
" 9
2.24
" " " " J G Rankin
" 10
5.00
" " "
" J Blasingam Sheff
" 11
43.17
" " " " Wm Glenn
" 12
11.40
" " " " " "
" 13
41.80
" " " " Holland & Blake
" 18
25.00
By 5% commission on $2850.35 --?--
142.51
5 % " "
255.05 disbursed
12.75
(125
---------?------?--------?-------
747.83
Amt balance as shown by this acct
$3497.18
$4245.00
The balance $3497.18 to be distributed unto 9 shares each share subject to
offset of notes if any against the representatives of respective shares as shown
on debit side & also by payments as shown by vouchers 4, 14, 15, 16, 17 & the
costs now due or to accrue.
The Admr credits himself by the following
payment to heirs
Mrs Francis
voucher 4
$ 373.00
Mary Gates
" 14
125.00
Elizabeth Manning
" 15
40.00
H G W Cloud
" 16
200.00
W J Glenn special gdn for heirs of Wm Cloud & atty for
Franklin Cobb as ordered by court
7017
25.00
State of Texas
Austin County
This day came on for hearing and
examination the account and exhibits of F M Cloud admr of the estate of said
deceased. And now at this term of the court in response to citation on
the application of Franklin Cobb of Alabama one of the heirs and distributee
of said estate for --?-- and for order of payment of distributive share of funds
as assetts in hand of admr for final distribution and all parties represented
in court, said --?-- by his atty A Chesley and the minors and non residents
by W J Glenn special guardian and atty, heretofore appointed by the court and
there being no objections filed or --?-- to said account and exhibit this
court proceeded to examine the same and accompanying vouchers and finding the
same correct it is therefore ordered by the court , ordered adjudged and decreed
that the same to and is hereby all things allowed, approved and settled, showing
in the hands of the admr for final distribution funds or assetts to the amount
of $3497.18 consisting of $2252.43 and 1244.75 in notes due to the estate by
certain of the heirs and due as stated in said account and which they are to
take & receive as money pro touts from said administrator in the amount of his
respective distributive shares and it is hereby so ordered and decreed and it
further appearing to the court that said funds or accts now for distribution
are to be divided into nine equal shares each to go in the manner and to the
persons respective as fixed and established by the decree of partition herein
of July 1871 as follows to wit: 1st H G W Cloud Austin County Texas
1/9. 2nd James M Cloud Austin County 1/9. 3rd The children
of J C Cloud decd Milam County Texas to with, Melissa Cloud, Jerry Cloud, Mary
Rogers wife of J D Rogers, Margaret Carter wife of C Carter, Francis Rutherford
wife of J H Rutherford 1/9. 4th The children of William Cloud decd
to wit: William J Cloud, Rebecca, W D, Margaret, Thomas, D Cloud, Mary,
James, Robert, William Cloud of Milam County and Eugene (?) Cloud, Thomas Cloud
& Elizabeth Cloud all of Alabama 1/9. 5th A J Cloud decd (F M Cloud)
assignee 1/9. 6th F M Cloud Austin County 1/9. 7th Franklin
Cobb (son of Mary Cobb daughter of deceased) of Benton Co Aa 1/9.
8th The children of Elizabeth Conolly, daughter of decd to wit:
Mary Washam, Louisa Henderson, Isaac Conolly and J W Conolly Austin Co 1/9.
9th The children of E B Gates to wit: Elizabeth Manning and Mary
Gates, Austin Co 1/9. and it further appearing to the court that each
of the aforesaid shares is entitled to receive $388.57/100 of the aforesaid
funds or assetts for distribution. it is therefore hereby ordered by the
court that said admr do pay over to the persons representing each one of said
shares the aforesaid amount of $388.57/100 in money and thru notes as aforesaid
subject to such credits as he may be entitled to against and of these as shown
by his said account or for any amts he may have heretofore paid to or settled
with or for any of them, and upon filing in court therein receipts showing that
he has settled in full and paid off all of said shares as above decreed.
Said admrs share be finally & forever discharged from the Administration of
said estate and from all liability on account thereof and it is further considered
by the court ordered, adjudged and decreed that the sum of $2500 be and the
same in his hands out of the shares of the said minors and non residents the
said Glenn was appointed to represent & pay the same over to him and it is further
ordered by the court to retain in his hands sufficient funds out of each share
equally and respectively to pay the costs and expenses of the administration
and of this proceeding not already paid and if appearing to the court that there
are in the hands of the admr notes judgements &e on bankrupt, --?-- and insolvency
personal to the amt of $2478.25/100 as shown by list of the same set forth in
the original petition for partition and in the decree of partition herein of
July 1871 and of which there is no prospect that anything can be collected it
is therefore considered by the court, ordered adjudged and decreed that said
Admr be and hereby released from all responsibility on account of same by filing
said notes with the clerk of this Court.
Recorded May 22nd 1877
Z W Matthews
clerk
Carried to page 168.
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