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Probate of Jeremiah Cloud & James McDade, Austin county, TX, 1868-1870

Date:   Wed, 24 Sep 1997 06:38:50 -0700
From:   Ellen M. Crawford <emcraw-at-azstarnet.com>
To:   webmaster@mykindred.com
Subject:   Probate
(text file - Probate12.txt)

THE ESTATE OF JAMES M McDADE

 Vol R page 6
Austin Co TX Probate
LDS Film # 1017526

From Minutes G, page 183

Monday December 28th AD 1868

     The estate of J W McDade dec'd.  The claim of the Estate of Jeremiah Cloud, dec'd against said estate consisting of a note for amt of two hundred dollars dated Jany 1st 1863 payable 12 months after date with 12% interest from maturity signed J W McDade, Wyatt Ivy & J M Cloud duly authenticated and allowed by the admr was this day examined by the court approved and ordered to be paid in due course of administration.

Recorded September 20th AD 1869

                         Gustav Koch, Clerk

 

ESTATE OF JEREMIAH CLOUD DEC'D

From Book G page 454

Austin Co TX Probates LDS Film #
Vol R pp 60 -

(60) In County Court Decr Term 1864

     To the Honorable G W Johnson County Judge

    
     The petition of the admirs of the estate of said dec'd now prays your honor for an order to rent for the year 1868 the open land about seventy five acres on Caney in said county, they also pray that they be permitted to rent the same at private renting as they thing better terms can be made for said estate than the public renting.  --?-- pray so.

                              Hunt & Holland
                              Attys for Petitioners

Filed January 2nd 1868 and recorded February 4th 1870
    
                    Gustav Koch, Clerk


From Minutes F page 497

Thursday January 2nd AD 1868

     The estate of Jeremiah Cloud Dec'd.  This day came up for the consideration of the court the petition of the Adminr praying for an order to rent the farm belonging to said estate and the court being satisfied that there is a necessity for the same it is ordered that the admrs be and they are hereby authorized to rent the same for the ensuring year at private renting taking notes with good security and lien on the crop to secure the rent money.

Recorded February 4th 1870

                   
                    Gustav Koch, Clerk


From Minutes F page 320

Wednesday January 29th AD 1868

     The estate of Jeremiah Cloud dec'd.  The matters pertaining to the filing of a return of renting are continued.

Recorded Feby 4th AD 1870

                    Gustav Koch, Clerk


From Minutes F page 538

Tuesday February 25th AD 1868

     The estate of Jeremiah Cloud dec'd.  The matters pertaining to the report of renting in this estate are continued.

Recorded Feby 4rth 1870

                    Gustav Koch, Clerk


From Minutes G page ?

Wednesday April 1st AD 1868

     The estate of Jeremiah Cloud Dec'd.  The matters pertaining to the filing of a report of renting are continued.

Recorded February 4th 1876

                    Gustav Koch, Clerk


From Minutes G page 22

Tuesday April 28th AD 1868

     The estate of Jeremiah Cloud dec'd.  The matters pertaining to the filing of a report of renting are continued and citation ordered for Admr to make the same.

Recorded February 4th 1870

                    Gustav Koch, Clerk


(61)
From Minutes G page 54

Friday May 29th AD 1868

     The estate of Jeremiah Cloud dec'd.  The matters pertaining to the report of renting filed are continued.

Recorded February 5th 1870

                    Gustav Koch, Clerk


Estate of Jeremiah Cloud Dec'd.

     To Honorable G W Johnson County Judge.  F M Cloud one of the Admrs of the above estate reported to your Honor that he rented out at private contract by order of the court on the 10th day of January 1868 for the present year to James M Cloud the tract of open land in Austin County belonging to said estate for the sum of $100.00 that being the rent that could be obtained for it.

                         F M Cloud, Admr

Sworn to and subscribed before me this 11th day of May AD 1868.

                         Z W Matthews, Clerk
                         By John E McMullen, Depty

Filed May 11th 1868 and recorded Feby 5th 1870

                         Gustav Koch, Clerk


From Minutes G page 58

Monday June 28th AD 1868

          The Estate of Jeremiah Cloud dec'd.  The report of renting filed May 11th was this day examined by the court approved and ordered of record.

Recorded Feb 5th 1870

                         Gustav Koch, Clerk

 

The State of Texas
County of Austin

In County Court June Term 1868

     To the Hon G W Johnson County Judge of said County.  The petition of Elizabeth Cloud and F M Cloud Admrs of the estate of Jeremiah Cloud dec'd represent that they as admrs as aforesaid hold a note against James M Cloud, J C Hickman and T D Henderson for the sum of one thousand and seventy five dollars due on the 1st day of January 1864.  That said note was given entirely for negro hire in confederate times and that the negroes for the hire of which said note was given hired at very high figures more probably than they were worth by one half.

     Petitioners say that at the time of the execution of said note the matters thereof were deemed perfectly good for the amount but that by reason of the great loss of and depreciation in the value of property by the result of the late war all the parties, makers of said note have become insolvent and have all of them filed their petitions in bankruptcy.

     Under existing circumstances petitioners think it probably that they cannot realize anything on said note and represents the same as an extremely bad and doubtful debt.

     Petitioners say however that they have assurances from James M Cloud the principal in said note, that notwithstanding his bankruptcy he will try to pay five hundred dollars in currency without interest on the same provided said note can be compounded to that sum while he believes to be full and fair for said negroes while in his employment and your petitioners believe that it will be for the best interest of the (62) estate to allow them to compound said debt as by so doing they may probably realize five hundred dollars for the estate and if not allowed by compound it seems probably that the entire note will be lost.  Petitioners therefore pray your honor to allow them to receive five hundred dollars in U S Currency in full payment and satisfaction of said note and for general relief.

                         Hune & Holland
                         Atty for Petitioners

Filed July 1st 1868 and recorded Feby 7th AD 1870.

                         Gustav Koch, Clerk


From Minutes G page 68

Wednesday July 4th AD 1868

     The Estate of Jeremiah Cloud dec'd.  The petition of Elizabeth Cloud and F M Cloud admrs of said estate praying authority to compound a note which they hold against James M Cloud, T C Hickman and T D Henderson as a bad and doubtful debt coming up for consideration and the court being satisfied that the allegations in said petition are true.  It is therefore ordered adjudged and decreed that said Admr are hereby fully authorized upon the payment to them of Five hundred dollars in U S currency to deliver up said note.

Recorded Feby 7th 1870

                         Gustav Koch, Clerk


From Minutes G page 187

Tuesday December 29th AD 1860

     The estate of Jeremiah Cloud dec'd.  It is ordered by the court that Elizabeth and F M Cloud Admrs of said estate file and exhibit of the condition of said estate on or before the 1st day of next term hereof.

Recorded Feby 7th 1870

                         Gustav Koch, Clerk

 

The State of Texas
County of Austin

In the County Court.  To January Ter, AD 1864

     The State of Texas to the Sheriff or any constable of Austin County, Greeting.

     You are hereby commanded to summon F M Cloud one of the Admrs of the estate of Jeremiah Cloud, dec'd, if he to be found in our County to be and appear at the County Court to be held in and for the County of Austin aforesaid at the Court house thereof in the town of Belleville on the last Monday in January AD 1864 then and there to answer the following order of said Court made at the December Ter, 1868.  To Wit:

The Estate of Jeremiah Cloud dec'd.  Ordered by the Court that the Admrs of said estate file and exhibit at or before the next January Term AD 1869 hereof.

     Herein fail not under penalty of the law and of this writ make due return.

     Witness Z W Matthews Clerk of said Court and the seal thereof at office in the town of Bellville this 15th day of January AD 1869.

                         Z W Matthews, Clerk

Filed Jany 22nd 1869 and recorded February 8th 1870/

                         Gustav Koch, Clerk

(63)

The State of Texas
County of Austin

In the County Court To January Term, AD 1868

     The State of Texas to the Sheriff or any constable of Austin County, Greetings.

     You are hereby commanded to summon Elizabeth Cloud one of the Adm, rs of the estate of Jeremiah Cloud Dec'd, if to be found in Austin County to be and appear at the County Court to be held in and for the County of Austin County aforesaid at the court house thereof in the town of Bellville on the last Monday in January AD 1869 then and there to answer the following order of said court made at the December Term 1868, to wit:

     The estate of Jeremiah Cloud, dec'd. 

     Ordered by the court that the Admrs of said estate file an exhibit at or before the next January Term AD 1869 hereof.

     Therein fail not under penalty of the law and of this writ make due return.

     Witness Z W Matthews, Clerk of said court and the seal thereof at office in the town of Bellville this 15th day of January AD 1869.

                              Z W Matthews, Clerk

Filed Jany 22nd 1869 and recorded Feby 8th 1870.

                              Gustav Koch, Clerk

The State of Texas
County of Austin

     In County Court Jany Term 1869.  To Hon George W Johnson County Judge of said county .  The petition of Elizabeth and F M Cloud admrs of the Estate of Jeremiah Cloud dec'd represents to the court that said estate is indebted in about the sum of sixteen hundred dollars as shown by their exhibit filed at this term of the court, that there is also quite a large amount due said estate sufficient in amount to pay said indebtedness, a list of the claims due is also set forth in said exhibit.  Amt/petitioners represent that is impossible to collect said claims because of the bankruptcy of said debtors petitioners say that the larger portion of said debts are due from heirs of said estate, who are now not able to pay said debts and who at the time said debts were contracted never expected to be called upon to pay as the hire of the negroes then belonging to said estate and not of the land and the debts of other parties who were not heirs were deemed abundantly sufficient to pay all debts.

     Petitioners say that the only property belonging to said estate consist of lands and claims mentioned in said exhibit and they pray an order authorizing them to sell 640 acres of the headright of Jeremiah Cloud dec'd situated in Bosque, 640 acres in same county --?-- Cloud's headright and three hundred and twenty acres in what was Bexar County it being one half of James M Cloud's headright to enable them to pay the debts and expenses of administration and that said lands be sold on a credit of twelve months for United States currency and they pray for general relief &e.

                         Hunt & Holland
                              Attys for Petitioners

Filed Jany 27th 1869 and recorded Feby 8th 1870

                         Gustav Koch, clerk


(64)

From Minutes G page 212

     Friday January 29th AD 1869

     The estate of Jeremiah Cloud Dec'd.  This day came up for the consideration of the court the petition of the Admrs filed Jany 27th AD 1869 praying for an order of sale of 640 acres of land the headright of Jeremiah Cloud Dec'd situated in Bosque County.  640 acres in same county --?-- Clouds headright and 320 acres in what was Bexar County it being one half of James M Cloud's headright to enable them to pay the debts and expenses of administration and the court having considered the same and being satisfied of the necessity for said sale for the purposes prayed for.

     It is therefore ordered by the court that the admrs of said estate be and they are hereby authorized to sell the aforesaid land on some regular sale day at public out cry at the court house door in the town of Bellville after legal notice on a credit of twelve months from day of sale taking notes with approved security and mortgage on the land bearing 10% int from day of sale to secure the purchase money and due report make of said sale to this court for approval.

Recorded February 8th AD 1870

                              Gustav Koch, clerk

                 ESTATE OF JEREMIAH CLOUD DEC'D
                 Exhibit of condition of estate

                                                             Coin   Currency
     The admrs charge themselves with balance on hand
     at last exhibit filed Sept 30th 1867                              12.80
    
     To amt collected from Simpson for rent for 1867                   75.00
                                                                    $  87.80

     The admrs claim the following credits
     By amt pd Hunt & Holland                                  ?       45.00
     By amt pd Elliott surveying homestead com $500 at $1.45   .2       7.00
     By amt pd Elliott dividing land $5 com at $140            .3      21.00
     By 5% coms on $87.83 recd                                          4.39
     By 5% coms on $73.00 pd out                                        3.65
                                                                       81.04
     This Amt Admrs needs to balance                                    6.29
                                                                     $ 87.80

     The following is the property belonging to the estate.
242 acres in Austin County on Caney Creek
50 1/4 acres in Washington County on Caney Creek
640 acres in Bosque County Jere Cloud Sr headright
640 acres in Bosque County A J Cloud's headright
320 acres on Clear Fork of Brasas J M Cloud
     claims due by the estate of Jeremiah Cloud
C Ennis allowed & approved claim with 10% int from 1st Oct 1860 100.00
Atkinson & Carter alld & approve claim with 8% int from June 25th 1860  25.32
Estimated expense of administration                                    200.00
Balance of admrs claim exclusive of interest                          1000.16
Prorated amt of interest n above claims                                300.00
                                                                     $1625.48

(65)

A list of notes and the condition of the parties so faraas known.

T S McDade, J P Terrel and T D Henderson note date 20th Nov/61
     due at nine months all bankrupt..................................  84.00
H G W Cloud, T S McDade, Jerry Cloud note due 1st Jany 1866 J Cloud
     dec'd the other two bankrupt.....................................  50.00
J M Cloud, T C Hickman, T D Henderson note due Jany 1/66 all
     bankrupt.........................................................  82.50
Alex Cloud, J M Cloud due 1st Jany/63 A Cloud dec'd insolvent
     J M Cloud bankrupt...............................................  50.00
Note on same as last above due Jany 1/64............................... 25.00
H G W Cloud E Waller Jr & J W McDade note due Jany 24th/63............ 182.00
J M Cloud ET C Hickman T D Henderson note due Jany 1/69............... 100.00
Mary J Cavender Isaac Connelly note due Jan 24/63..................... 170.50
J C (?) Cloud Alex Cloud note Nov 20/61 due at p mos.................. 128.00
J C Cloud Thos Cochrane Apr 24/62..................................... 150.00
J M Cloud T C Hickman T D Henderson note due Jany 1/65................ 240.00
Wm J Cloud F M Cloud Apr 24/62 due at 9 mos........................... 143.00
J W McDade Wyatt Ivy J M Cloud note due 1st Jany/64 allowed and
     approved against McDades estate.................................. 200.00
T Dunlap A H Felder note Apr 24/62 note due at 9 mos in hand
     of Gayle & Bassets............................................... 265.00
L B Bartley Shrembeck (?) & Bro & B P Lee Judgment Dec 23/68 against
     --?-- M Lee order for............................................ 343.25
H G W Cloud & J P Browning note due Jany 1/60........................   65.00
                                                                     $2278.25
 

The State of Texas
County of Austin

     Personally came F M Cloud one of the admrs of Jeremiah Cloud dec'd before me who on oath says and subscribes the same that this sheet contains a full exhibit of the condition of the estate of said dec'd.

                                   F M Cloud

Sworn to and subscribed before me on this the 27th Jany 1869

                         Z W Matthews, clerk

Filed Jany 27th 1869 and recorded February 9th 1870

                         Gustav Koch, Clerk


From Minutes G page 212

     Friday January 29th AD 1869.  The estate of Jeremiah Cloud dec'd.  The exhibit of the condition of said estate filed Jany 27th AD 1869 now this day examined by the court approved and ordered of record.

Recorded February 9th 1870.

                              Gustav Koch, clerk


     Estate of Jeremiah Cloud Dec'd.  Decr Term County Court AD 1869.  To Hon G W Johnson County Judge.  The petition of Elizabeth & F M Cloud admrs of the estate of Jeremiah Cloud dec'd prays your honor for an order to rent the open land in said County belonging to said estate for the year 1869 and petitioners say they can rent privately on better terms & more advantageous to the estate than at public outcry & they pray authority to rent privately, reserving a lien on the crop for payment of rent.

                              Hunt & Holland
(66)                               Atty for Petitioners

Filed December 29th 1868 and recorded Feby 9th 1870.


     Estate of Jeremiah Cloud dec'd.  F M Cloud one of the admrs of said estate rented 55 acres more or less of the land in Austin County belonging to said estate at private renting, by order of the court and J W Tottenham rented the same for the year 1869 for the sum of one hundred dollars U S Currency.

                              F M Cloud, Admr

Sworn to and subscribed before me on this the 4th day of April AD 1869.

                              Z W Matthews, clerk

Filed April 4th 1869 and recorded Feby 9th 1870.

 

From Minutes G page 252

     Friday April 2nd 1869.  The estate of Jeremiah Cloud dec'd.  The report of renting in said --?-- filed Apl 4th 1869 was this day examined approved and ordered of record by the court.

\recorded February 9th 1870.

                              Gustav Koch, clerk

 

     Elizabeth Cloud and F M Cloud admrs of the estate of Jeremiah Cloud dec'd in account for final settlement of said estate.


The admrs charge themselves with balance cash on hand at each
     exhibit filed Jany 27th 1869..................................  $ 6.79
--?-- property of estate on hand subject to partition,
     undispursed of as shown by said last exhibit as follows:

     287 acres on Caney Creed Austin Co
     50 1/4 acres on Caney Creek Washington Co
     of 640 acres dec'd headright Bosque Co
     of 640 acres A J Clouds headright Bosque Co
     of 320 acres J M Cloud's headright Jones Co
     Notes on divers persons mostly insolvent, bankrupt amounting
          exclusive of interest to about $2278.25
     To amt of note J M Cloud & others for hire of 1863 as
          compounded by order of this court.......................   500.00
     To amt of two notes of J M Cloud, Jas Francis for community
          purchases before partition due one for $43.00 due 1st
          Jany/63 12 per ct int.  The other for $20.00 due 21st
          May 1863 12 per cent int.  Principal and interest
          $73.96 & $34.40..........................................  108.36
     To and

of note of J M Cloud & Jas Francis for community
          purchases after partition for $45.00 12 pr ct int from
          due 24th June/63.........................................   77.40
     To amt recd from Bateman & Holland............................   60.50
     To at recd for rent for /64/68/69.............................  225.00
                                                                    $978.05
(67)

Continued

To admrs as ask allowance & credit as follows:

     By amt paid taxes for 1868..................Vr 1............    9.01
     By amt paid taxes 1869......................Vr 2............    2.86
     By amt paid Atkinson & Carter...............Vr 3............   34.35
     By amt paid C Ennis.........................Vr 4............  191.52
     By amt paid John G Bell.....................Vr 5............  104.00
     By amt paid Admrs's claim - bal.............Vr 6............ 1308.12
     By amt paid Court fees......................Vr 7............   51.39
     By amt paid Hunt & Holland Attys fees.......Vr 8............  403.80
     By amt paid taxes for 1868..................Vr 9............    8.25
     Admrs coms 5 pr ct on $971.26 recd..........................   48.56
     and $2120.30 paid out this exhibit..........................  105.51
     Admrs coms on $608.00 paid out & not considered & allowed
          in exhibit of 1869.....................................   30.40
The widow has paid of the indebtedness less expenses of admin
     there is now due the admrs as per exhibit "A"..........$337.51


     The admrs represent that several of the notes remaining on hand were given by heirs of the estate for property purchased at the estate sales & they ask that the said heirs be required to take the same with interest as part of their share in the partition, said notes are ready to be produced in court and admrs pray the court to order partition of the aforesaid property land & rents remaining in the hands among the heirs & distributors of said estate according to law & that they be thereupon finally discharged from said administration, said admr F M Cloud being also an heir & distributee and assignee of A J Cloud one the dec'd heirs.

     The names of the heirs & distributees of said estate are as follows residents & non residents, known & unknown.  H G W Cloud, Austin County.  James M Cloud, Austin County.  The children of J C Cloud, Milam County.  The children of William Cloud to wit: William Cloud of Milam County, Thomas Cloud & two others residents of Alabama & Franklin Cobb son of Mary Cobb a daughter of dec'd of Barbour County Alabama.  The children of Elizabeth Connelly to wit: Mary Washam, Louisa Henderson, Isaac Connolly, Jet Conolly, the children of E L Gates to wit: Elizabeth Manning & Mary Gates all the last named being residents of Austin County Texas.

                                   F M Cloud

     Before me the undersigned authority personally came F M Cloud one of the Admrs of the estate of Jeremiah Cloud dec'd & upon oath said and subscribed that this account for final settlement of said estate is true and correct as far as the same is made out & for the present can be made out but will be completed in due time for final action.

Sworn and subscribed before me the 2nd day of November AD 1869.
                        
                              Gustav Koch, clerk

Filed November 2nd 1869 and recorded Feby 9th AD 1870

                              Gustav Koch, clerk


(68)

From Minutes G page 356

     Saturday December 4th AD 1869.  The estate of Jeremiah Cloud dec'd.  In the matter of the admrs of the estate of Jeremiah Cloud dec'd for final settlement filed Nov 2nd 1869, it appearing to the court by proof that return of the same has been given as required by law, the court now at this November term proceeded to examine said account and there being no exceptions or objections made or affixed to the administrators and that all the debts know to exist of every kind against said estate have been paid.  It is therefore considered by the court ordered affixed and decreed that said final account be and the same is hereby in all things allowed approved & settled.  And it appearing to the court that there is remaining in the hands of the admrs for partition & distribution property of said estate as follows, to wit:

     287 acres of land on Caney Creek in Austin County
     50 1/4 acres on Caney Creek in Washington County
     Undivided of 640 acres A J Cloud's headright Bosque County
     Undivided of 640 acres Dec'ds headright Bosque County
     Undivided of 320 acres J M Cloud's headright Jones County

and the following notes and claims due said estate & uncollected:

1   T L McDade & P Terrell & T D Henderson note date 20th Nov 1861
     due at 9 mo....................................................   84.00
2   H G W Cloud T L McDade & Jerry Cloud due 1st Jany 1866..........   50.00
3   J M Cloud P C Hickman & T D Henderson due Jan 1st 1866..........   82.00
4   Alex Cloud & J M Cloud note due 1st Jany 1863...................   50.00
5   Alex Cloud & J M Cloud note due 1st Jany 1864...................   25.00
6   H G W Cloud E Waller Jr & J W McDade note due Jany 24/63........  182.00
7   J M Cloud P C Hickman & T D Henderson note due Jany 1st 1865....  240.00
8   Mary J Cavender & Isaac Conelly note due Jany 24th 1863.........  170.50
9   J C Cloud P C Hickman Alex Cloud Nov 20th 1861 due at 9 mo......  128.00
10  J C Cloud & Thos Cochrane note date Apl 24th due at 9 mos.......  150.00
11  W J Cloud & F M Cloud note Apl 24/62 due at 9 mos...............  143.00
12  J W McDade Wyatt Ivy & ? M Cloud note due 1st Jany/64...........  200.00
13  S Dunlap & R G Felder note date Apl 24/62 due at o mos..........  255.00
14  D E Barkley --?-- & Bro R R Lee judgement on Lee's admr
          Dec 23/68.................................................  343.35
15  H G W Cloud & J T Browning note due Jany 1/65...................   65.00

and the admr F M Cloud being one of the heirs and distributees of said estate appearing in court and asking for partition of said estate remaining in the hands of the admrs it is therefore considered by the court that such partition ought to be made & the clerk is hereby ordered to issue citation according to law requiring all persons intrusted in said estate to appear at the next term of the court and show cause why such partition and distribution should not be made.

Recorded February 10th 1870

                              Gustav Koch, clerk

                                                                            

     Estate of Jeremiah Cloud dec'd.  To Hon C L Abbott Co judge A C.  The petition of the admrs of said estate prays your honor for an order to rent the fifty acre tract of land belonging to said estate in Austin county for the year 1870 as the year may be advanced before the final disposition can be made of it by partition or sale & they pray for general relief.

                              Hunt & Holland
                                   Atty for Petitioners


(69)
From minutes G page 359

     Saturday December 4th 1869.  The estate of Jeremiah Cloud dec'd.  Ordered by the court that the admrs of said estate be and they are hereby authorized to rent the farm belonging to said estate as prayed for in petition this day filed.

Recorded February 10th AD 1870

                         Gustav Koch, clerk

                                                                            
State of Texas
Austin County

     Decr Term Co Court 1869.  To Hon C L Abbott Co Judge.  F M Cloud admr of the estate of Jeremiah Cloud dec'd makes return of the renting of the field in said county belonging to said estate about 50 acres at private renting by order of the court for the year 1870.  The same was rented to G W Tottenham for $100.00 U S Currency.  Note and security --?-- for amount.  I swear that the above is a true return of the renting aforesaid.

                         F M Cloud Adm

Sworn to and subscribed before me the 21st day Decr 1869.

                         Gustav Koch, clerk

Filed Dec 28th 1869 and recorded February 10th 1870.

                         Gustav Koch, clerk


From Minutes G page 372

     Wednesday December 29th AD 1869.  The estate of Jeremiah Cloud dec'd.  The report of renting filed Decr 28th 1869 was this day examined by the court, approved and ordered of record.

Recorded February 10th AD 1870

                              Gustav Koch, clerk

The State of Texas
Austin County

     In the District Court of Austin County.  To July term AD 1870.  In matters of probate & administration.  Estate of Jeremiah Cloud, dec'd.  And now comes F M Cloud one of the heirs of said dec'd & records his original petition for partition filed Nov 2nd 1869 and for amendment and by way of supplemental petition alleges that the name of the children of J C Cloud Dec'd, a son of said intestate whose names were represented in said original petition as unknown are as follows.  Mary Rogers formerly Mary Cloud with her husband J D Robers.  J C Cloud, Margaret Carter formerly Margaret Cloud with her husband C Carter, Francis Rutherford formerly Frances Cloud with her husband J H Rutherford, and Melissa Cloud and Jerry Cloud minors having no legal guardian all of the above named parties being residents of Milam County Texas and petitioner further says that the following named persons are the children of William J Cloud, dec'd.  A son said intestate to wit: Rebecca Cloud, W C Cloud, Margaret Cloud, Thomas Cloud, D Cloud, Mary Cloud, James Cloud, Robert Cloud and William Cloud all residents of Milam County Texas and all minors without a legal guardian except the said Rebecca Cloud.  And petitioner pray for a citation to all of the above named parties to appear and answer at the July Term AD 1870 of said district court of Austin County in matters of probate and administration and show cause if any why partition of the estate of Jeremiah Cloud dec'd should not be made in accordance with law as prayed for.

                              Hunt & Holland


  
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