Probate of Jeremiah Cloud, Austin county, TX, 1876-1881
Vol. U pp 123-126
(my file CLOUDU.001.DOC) ..... transcribed by Ellen M.W. Crawford
transcribed by Ellen M.W. Crawford Vol U pp 123 - 126 Austin County Probate LDS Film # 1019260 (123) 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 1871 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. Vol U pp 168-169 Austin County TX Probates LDS Film # 1019260 (168) From page 126 The Estate of Jeremiah Cloud dec'd In the matter of the estate of Jeremiah Cloud deceased From minutes H page 291. Thursday November 21. It appearing that F M Cloud of said estate has failed to pay the costs of final account on said estate. It is therefore ordered that the clerk do issue execution against him for the costs in said estate due officers of court. Recorded March 17th 1879 State of Texas Austin County In the County Civil Court Sept Term 1881. In matters of probate in the est of Jeremiah Cloud decd. Your petitioner W J Glenn of said county & state who was duly appointed & qualified as gdn ad litum for the minor & absent heirs of said Est also acting as an agent for the absent heirs to wit, Elizinia, Thomas & Elizabeth Cloud all of the state of Alabama a --?-- that F M Cloud is the duly appointed Admr & qualified as such of said Est did on the 24th day of March 1877 render a decree of partition of said Est showing each distributive share be $388.37 that three heirs together with the children of Cloud decd are entitled to 1 share of said Est that said Adm has never turned over to them or anyone for them their share of said Est. That he has had the use of the same to this time promises --?-- petitioners ask that said Adm be duly cited to appear at the next Sept term of your Honors court to answer this petition at the hearing of which they pray that he be requested to turn over to said W J Glenn said sum of $388.37 with legal interest thereon from the 24th day of March 1877 & will ever pray &e. Glenn & Darling for Petitioners Filed July 17, 1881 Z W Matthews Clerk The State of Texas County of Austin In the County Court Austin County. To Sept Term 1881. To the sheriff or any constable of Austin County, Greetings. You are hereby commanded to summon F M Cloud Adm of the Estate of Jeremiah Cloud decd if he 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 Bellville, on the 3rd Monday in September AD 1881 then and there to answer the petition of W J Glenn guardian ad litum & filed in said court a certified copy of which accompanies this writ. Herein fail not, and make due return of this writ. Witness Z Q Matthews clerk and seal of said Austin County Court at my office in Bellvile, this 27th day of July 1881 By H Matthews, deputy Issued July 17 AD 1881 Recd July 27, 1881 & executed Aug 10, 1881 by delivering to F M Cloud in person in the Co of Austin a true copy of this citation J B Lewis Sheff AC (169) For the matter of the Estate of Jeremiah Cloud Decd September 22, 1881. From Minutes H page 450. The matter of the petition for the admr to turn over money to heirs are continued.