Probate of Jeremiah Cloud & James McDade, Austin county, TX, 1861-1862
Vol. R, pp 61-84
transcribed by Ellen M. W. Crawford Vol R pps 61-84 Austin Co Probates. LDS Film # 1017526
(61) The State of Texas County of Austin In probate court of Austin County August Term thereof AS 1861. To the Hon G W Johnson Chief Justice of said County--The petition of H G W Cloud a citizen of Austin County and one of the heirs of the estate of Jeremiah Cloud Seinor decd complaining of the adminr admx of said estate respectfully Showeth unto your Honor that the inventory and appraisement of the property belonging to said estate returned by said Admr and admx returned at this Term of the Court filed August 24th AD 1861 is manifestly unjust and erroneous and as special objections to said inventory and appraisement he states the following. 1st Certain property belonging to said estate has not been embraced in the inventory. 2nd The inventory gives all the property of said estate as community property - whereas certain of the property was the seperate property of the deceased and should have been returned in the inventory and appraisement as seperate property. 3rd A part of the property returned in the inventory is not correctly and fairly appraised in the appraisement returned. The premises considered your petitioner prays that the admn F M Cloud and the admx Elizabeth Cloud, be cited to appear at the next regular term of your Honorable Court to shew cause why a new appraisement should not be made if any they can. And after hearing your petitioners prays that a new appraisement may be ordered as the law requires and as in duty bound --?--. Porter & Blane & Boone attys for petitioner We hereby waive notice of this application & also waive the necessity of the issuance & service of citation August 26th 1861 Elizabeth Cloud Francis M Cloud Filed August 26th 1861 Recorded November 23rd AD 1861 Z W Matthews CCCAC
The State of Texas
County of Austin
In the Probate Court of Austin County AD 1861
To the Hon G W Jonson Chief Justice of said County. The amended petition of H G W Cloud one of the heirs of Jeremiah Cloud deceased by leave of the Court first had and obtained for particular specifications of the property incorrectly inventoried as the community property of the deceased & Elizabeth Cloud alleges that all the negroes returned upon the inventory of the estate of Jeremiah Cloud deceased are & were the seperate property of Jeremiah Cloud deceased and not community property as returned by the administrators of said Estate - That the four first tracts of land mentioned in the inventory as the home tract of 155 1/2 acres in Austin County, 169, 189 1/2, 24 1/3 in Austin County is & was the seperate property of Jeremiah Cloud deceased in his life time & is incorrectly inventoried as community Property (62) us the 21st day of August 1861. We the appraisers by virtue of the commission hereto attached met at the late residence of Jeremiah Cloud decd and made the following inventory and appraisement of property pointed out to us by the adms - all of which we inventory and appraise as community property of the said Jeremiah decd and his surviving widow Elizabeth Cloud.
Lands
155 1/2 acres Home tract in Austin County apprsd at $15 per acre $2332.50
169 " " " " " " 12.00 2028.00
189 1/8 " " " " " " 10.00 1891.25
24 1/3 " " " " " " 6.00 146.00
100 1/2 " " " Washington " " 10.00 1005.00
320 " " " Bosque " " 1.00 320.00
320 " " " Bexar " " 1.00 320.00
640 " " " Austin " " 6.00 384.00
Negroes
1st Woman Clarissa 50 yrs old apprx at $500.00 500.00
2nd Man Daniel 47 yrs old apprx $1200.00 1200.00
3rd Woman Betsey and 2 children 41 yrs approx $1500 1500.00
over
6th Man Linn 37 yrs apprx $1200.00 1200.00
7th Man Joseph 40 yrs old apprx $1000.00 1000.00
Stock & Miscellaneous Property
22 head Corralled or stock horses appraised at $50 1100.00
1 grey horse Yegun (?) " 80.00
1 Bay " Jim " 100.00
1 Bay " Sam " 40.00
1 White Mule Lil " 40.00
1 Grey Mare Kit " 45.00
1 Sorrel Horse Teddy " 100.00
2 Yoke work oxen " 120.00
45 head of stock cattle " $6.00 170.00
40 " of " hogs " $5.00 200.00
1 ox wagon & 2 log chains " 30.00 30.00
1 Buggy and harness " $150 150.00
Blacksmith tools " $25.00 25.00
1 Double barrel shot gun " $20.00 20.00
1 Single barrel pistol " $10.00 10.00
Crop of cotton not gathered " $500 500.00
Crop of corn " " " $1000 1000.00
Farming implements " $28.00 28.00
State of Texas
Austin County
Before me John P Osterhous a justice of the peace in and for (63) said county personally appeared 7 came B F Foster & M Grady Montgomery who upon oath say & subscribe the same that the foregoing is a true & correct inventory & appraisement of the property belonging to the Estate of Jeremiah Cloud decd as pointed out to them by the administrators.
Sworn to & subscribed before me
this 24th day of August AD 1861
B F Foster
M G Montgomery
Also personally appeared Elizabeth Cloud & F M Cloud administrators of the estate of Jeremiah Cloud decd who upon oath say & subscribe the same that the foregoing writing & list is a full & complete inventory & list of the property & claims of the said intestate that has come to their knowledge.
Sworn to & subscribed before me
this 24th day of August AD 1861
her
Elizabeth Cloud
mark
F M Cloud
Filed August 24th AD 1861 Recorded November 30th AD 1861
Z W Matthews CCCAC
From Minutes D page 427 Wednesday October 2nd AD 1861. The Estate of Jeremiah Cloud decd. In the matter of the approval of the inventory in this estate and the exceptions thereto filed. This cause coming on to be heard, it is ordered adjudged and decreed that a new inventory and appraisement of the property belonging to the Estate of Jeremiah Cloud deceased by made by the administrators and that the negroes Clarissa, Man Daniel, woman Betsey and her two children, Man Linn and man Joseph be inventoried as the seperate property of Jeremiah Cloud deceased - and it is further ordered adjudged and decreed that F M Cloud be quieted in his title to the negro man Friday upon the condition that the account as one of the heirs of Jeremiah Cloud in the distribution of the estate of said Jeremiah Cloud for the sum of Four hundred and fifty dollars the purchase price of said nero man Friday in the bill of sale exhibited to the court & that John W Collins, P W Pearson, D Landis, Nathan Murray & G H Boyd are hereby appointed appraisers to make out a new inventory & appraisement of all the property belonging to said estate. Notice of appeal given in open court generally and especially F M Cloud individually as to the Man Friday. Recorded November 30th AD 1861 Z W Matthews CCCAC (64) Estate of Jeremiah Cloud decd In County Court Sept Term 1861. And now comes F M Cloud by atty & moves the Court to reform the decree rendered this day in said estate so far as the same charges him with an advancement of four hundred & fifty dollars as an heir or distributee of said Estate because the question of advancement was not property before the court for adjucation at this time - But if said decree cannot now be so reformed, then the applicant moves the court to set aside the entire decree & suspend final judgment upon the same until the next term of court. Hunt & Holland attys for Motion Filed Oct 2nd 1861 and recorded November 30th AD 1861 Z W Matthews CCCAC
From Minutes D page 431 Wednesday October 2nd AD 1861. The Estate of Jeremiah Cloud decd. In the matter of the motion of the administrator to set aside judgement it is ordered that the same be & is hereby overuled. Notice of appeal given in open court.
Recorded November 30th 1861
Z W Matthews
State of Texas
Austin County
Know all men by these presents that we F M Cloud as principal & as sureties are held & firmly bound unto George W Johnson Chief Justice of Austin County & his successors in office in the sum of Two Hundred dollars payment of which well & truly to be mae, we bind ourselves, heirs & legal representatives jointly & severally, firmly by these presents - conditioned that whereas at the September Term of the County Court of Austin County (on the 2nd day of October, ) AD 1861 said Court made & caused to be entered upon the minutes,in the matter of the objection of H G W Cloud to the inventory returned by the administrators in the estate of Jeremiah Cloud decd, its order, judgement & decree in substance as follows --
"The Estate of Jeremiah Cloud decd. In the matter of the approval of the inventory in this estate and the exceptions thereto filed - This cause coming on to be heard, it is ordered adjudged and decreed that a new inventory and appraisement of the property belonging to the estate of Jeremiah Cloud deceased be made by the administrators and that the negroes Clarissa, Man Daniel, Woman Betsey and her two children, Man Linn and Man Joseph be inventoried as the seperate property of Jeremiah Cloud deceased - and it is further ordered and adjudged and decreed that F M Cloud be quieted in his title to the negro Man Friday, upon condition that he account as one of the heirs of Jeremiah Cloud in the distribution of the Estate of said Jeremiah Cloud for the sum of Four hundred and fifty dollars, the purchase price of said Negro Man Friday in the Bill (65) of sale exhibited to the court & that John W Collins, P H Pearson, D Landis, Nathan Murray and G H od are hereby appointed appraisers to make out a new inventory & appraisement of all the property belonging to said estate - Notice of appeal given in open court generally and especially by F M Cloud individually as to the man Friday" & the said F M Cloud considering himself aggrieved by said order, judgement & decree has appealed to the District Court of Austin County. Now if the said F M Cloud shall proceed said appeal to effect and perform the decision, order, decree or judgment while the District Court shall make cherish (?) in case the cause shall be decided against him, then this bond shall be null & void, otherwise to remain in full force - Witness our hands, this seventh day of October AD 1861.
F M Cloud
Stuart Calvert
G F Shelbourne
S Brewer
The above and foregoing bond examined
and approved this the 7th day of Oct AD 1861
George W Johnson
Chief Justice Austin County
Filed Oct 7th 1861 and recorded November 30th AD 1861
Z W Matthews Clerk
From Minutes D page 431 - The Estate of Jeremiah Cloud Sr Decd. The appeal bond of F M Cloud filed in the clerks office was this day examined approved and ordered of record - Done in vacation this the 7th day of Oct AD 1861
Z W Matthews CCCAC
The State of Texas
County of Austin
To Citizens John W Collins, P H Pearson, D Landis, Nathan Murray & Geo. H Boyd, Greeting:
Whereas by an order entered upon the minutes of the County Court of Austin County at the September Term AD 1861 you were appointed appraisers of the property of the estate of Jeremiah Cloud deceased, which may be pointed out to you by the administrators Elizabeth & F M Cloud. You will proceed to such under the said appointment and make out an estamative inventory and appraisement of the property of said deceased, under oath before some officer of this county, authorized to administer oaths.
Given under my hand and impress of the seal of said court
at office in Bellville 2nd day of October AD 1861
Z W Matthews CCCAC
On the 18th day of October 1861 we the appraisers by virtue of the commission hereto attached met at the late residence of Jeremiah Cloud decd and made the following inventory and appraisement of property pointed out to us by the administrators - all of which we inventoried and appraised as follows to wit:
Community Property
155 1/2 acres home tract in Austin County appraised at $15 per acre 2332.50
169 " " " " " " 10 1690.00
189 1/8 " " " " " " 12 2269.50
24 1/3 " " " " " " 4 97.33
100 1/2 " " " Washington " " 10 1005.00
320 " " " Bosque " " 1 320.00
320 " " " Bexar " " 2 640.00
64 " " " Austin " " 3 192.00
22 head coralled or stock horses appraised 1135.00
1 Grey Horse Yegur " 65.00
1 Bay Horse Jim " 80.00
1 Bay Horse Sam " 30.00
1 White mule Lil " 15.00
1 Grey Mare Kit " 50.00
1 Sorrel Horse Paddy " 125.00
2 yoke work oxen " 90.00
45 head of stock cattle " 270.00
30 " " " hogs " 150.00
Amt carried forward
Amt brought for'd
1 ox wagon & 2 log chains " 25.00
1 Buggy & harness " 160.00
Blacksmiths tools " 25.00
1 Double barreled shot gun " 15.00
1 single " pistol " 10.00
Crop of cotton not gathered " 400.00
" " corn " " " 1000.00
Farming implements " 25.00
Fodder, six stacks " 72.00
Kitchen Furniture " 6.00
Scythe & cradle " 3.00
1 oxen " 18.00
10 Pork Hogs " 85.00
Seperate Property
1st Negro Woman Clarissa 59 yrs old apprsd at 450.00
2nd " Man Daniel 47 yrs old Apprsd at 800.00
3rd " Woman Betsey & her children 41 yrs old Apprsd at 1350.00
6th " Man Linn 37 yrs old apprsd at 1100.00
7 " Man Joseph 43 yrs old apprsd at 1200.00
State of Texas
Austin County
Before me Nehemiah Cochran a Justice of the Peace (67) in & for said county personally appeared & came P H Pearson & nathan Murray who upon oath say & subscribe the same that the foregoing is a true correct inventory & appraisement of the property belonging to the estate of Jeremiah Cloud decd, as pointed out to them by the administrators.
N W Murray
P H Pearson
G H Boyd
Sworn to & subscribed before me this
26th day of october AD 1861
Z W Matthews cccac
Also personally appeared Elizabeth Cloud & F M Cloud administrators of the Estate of Jeremiah Cloud decd who upon oath say & subscribe the same that the foregoing inventory & list is a full & complete inventory & list of the property & claims of the said intestate that has come to their knowledge
her
Elizabeth Cloud
mark
F M Cloud
Sworn to and subscribed before me this
26th day of October AD 1861
Nehemiah Cochrane P A C
Filed Oct 28th AD 1861 and recorded January 17th AD 1862
Z W Matthews CCCAC
From Minutes D page 438. Tuesday October 29th AD 1861. The Estate of Jeremiah Cloud Sr decd. This day came up for consideration the return of the new inventory in the estate filed at this time and upon examination said inventory appearing to be in all things correct and in accordance with law is therefore approved and ordered of record by the court. Received January 17th AD 1862 Z W Matthews CCCAC From Minutes D page 439 Tuesday October 29th AD 1861. The Estate of Jeremiah Cloud decd. It is ordered by the court that the homestead of one hundred and fifty five and a half acres upon which Elizabeth Cloud (surviving wife of said deceased) now resides, be and the same is hereby set aside for her use and benefit, and it is also ordered that five cows and calves, one horse, or one yoke of oxen, and twenty head of hogs be set aside for her use and benefit. Recorded January 21st 1861 Z W Matthew CCCAC
From Minutes D page 440 Tuesday October 29th AD 1861. The estate of Jeremiah Cloud decd. The claim of W I Cocke for amt of twenty dollars against said estate allowed by the admrs this day was examined & approved by the chief justice in open court. Z W Matthews CCCAC Recorded January 21st 1862 (68) Estate of Jeremiah Cloud dec'd. In County Court Austin County Texas October Term 1861. To the Hon G W Johnson CJ Elizabeth Cloud & F M Cloud admrs of said estate represent that there is property belonging to said estate that is perishable & liable to waste - to wit: The stock cattle, horses & hogs et returned in the inventory as common property & these admrs pray an order to sell said property upon such terms as to the court may seem right; & these admrs say there are no funds in their hands to pay the years allowance to the widow, which was fixed at $300.00 by your Honor at the last term of court, they therefore pray an order to sell for cash so much of said estate, the seperate property of said dec'd as returned in the inventory, as will be sufficient to raise the amount of said allowance. Hunt & Holland attys for admrs. Filed Oct 28th 1861 and recorded Jany 21st 1862 Z W Matthews Estate of Jeremiah Cloud deceased, In county court Austin County Texas, October Term AD 1861. H G W Cloud deceased comes & excepts to the petition of the administrators for a sale of seperate property of the estate of Jeremiah Cloud deceased to pay the allowance of $300 to the widow upon the following grounds. 1st The only property returned upon the inventory as seperate property of the estate of Jeremiah Cloud is negro property. 2nd Because the perishable property belonging to said estate is amply sufficient to raise the amount specified & the forced sale of perishable property is always at a less sacrifice than negroes or land. 3rd Because there is in the hands of the administrators the proceeds of the last years crop of cotton & has been in the use of the widow the provisions & supplies on hand and stock of cattle & hogs used at the death of Jeremiah Cloud unaccounted for by the administrators which together it is alleged amounts to as much as the allowance made for the years support to the widow. H G W Cloud by D Y Porter, Atty Filed Oct 29th 1861 and recorded January 21st 1862 Z W Matthews CCCAC
From Minutes D page 440 Tuesday October 29th AD 1861. The Estate of Jeremiah Cloud decd. In the matter of the petition of the administrators of said estate filed Oct 28th 1861 praying for the sale of the perishable property belonging to the same and that a sufficient amount of the seperate property be sold for cash to pay the widows allowance - And upon consideration it is ordered by the court that, the petitions for the sale of seperate (69) property be and is hereby overruled and that the admrs sell so much of the corn crop for cash at public or private sale (provided a fair market price be obtained for the same) as will amount to the sum of one hundred dollars, and that the same be paid over to the widow as a portion of her allowance, and that so soon as said sum of one hundred dollars hall have been expended in her support, the admrs shall sell the cotton crop at private sale provided a fair market price be obtained for the same,. and out of the proceeds thereof, pay the remaining two hundred dollars of said allowance. - And is furthered ordered that said administrators sell at public outcry at the late residence of said dec'd (after due legal notice given) and as soon as practicable all the stock horse, stock cattle, except five cows & calves and the stock hogs except the 20 head reserved to the widow as named in the inventory of said estate, sale to be on a credit of nine months, notes with approved security required bearing 12% interest after maturity. Notice of appeal given in open court by the administrators as to the sale of the community property to raise the widows allowance. Recorded January 21st AD 1862 Z W Matthews CCCAC Estate of Jeremiah Cloud decd. In County Court of Austin County Texas October Term AD 1861. To the Hon G W Johnson CJ Elizabeth Cloud the surviving wife of said decd now comes & makes application to the court for a partition of the common property of herself & her said decd husband, as the same appears in the new appraisement & inventory returned to this Term of Court in said estate. She says she is ready & willing to give the bond required by Art 803 of the Digest - & she prays &e. Hunt & Holland Attys for applicant Filed Oct 29th 1861 and recorded January 21st 1862 Z W Matthews CCCAC Estate of Jeremiah Cloud deceased. In County Court of Austin County - October Term AD 1861. In the matter of the application of Elizabeth Cloud for the partition of the community property belonging to the estate of Jeremiah Cloud deceased, H G W Cloud one of the heirs of said estate comes & excepts to the partition of said property as prayed for by said Elizabeth upon the following grounds. 1st The security upon the bond is insufficient. 2nd The homestead tract of land appraised at 2332.50 cash containing 155 1/2 acres is the seperate property of Jeremiah Cloud & not the community property of Jeremiah Cloud & Elizabeth Cloud. H G W Cloud by attorney Filed Oct 29th 1861 and recorded January 21st 1862 Z W Matthews CCCAC
(70) From Minutes D page 441. Wednesday October 30th AD 1861. The estate of Jeremiah Cloud decd. In the matter of the application of Elizabeth Cloud surviving wife of said decd at this term for partition of the common property between herself and the estate of said dec'd it is ordered by the court, in accordance with the agreement of the attys of the parties, The said Elizabeth and H G W Cloud objector - That all of the community property as the sa,e appears upon the inventory of the estate of said dec'd except the homestead tract of (155 1/2) one hundred and fifty five and a half acres, which is alleged by said objector to be seperate property of decd and which is left out of the partition in order that it may be determined upon proof whether the same is seperate or community property. And except also the perishable property, stock horses, stock cattle and stock hogs which have been ordered by the court at this term to be sold on a credit of nine months and except also sufficient of the crop of corn on hand to raise one hundred dollars in cash as a pat of the years allowance for the support of the widow. Said property hereby ordered to be partitioned is as follows - to wit: Four tracts of land in Austin County, one of 169 acres; one of 189 1/8 acres; one of 24 1/3 acres and one of 64 acres. Also one tract of 100 1/2 acres in Washington County; two tracts in Bosque county one of 320 acres and one of 340 acres; and one tract of 320 acres in Bexar County. The crop of corn and cotton of this year, with the above exception, one ox wagon & two log chains, one buggy and harness, set of blacksmith tools - one double barreled gun, and one pistol, farming implements, fodder, one scythe and cradle, 10 pork hogs, 5 work oxen, five work horses, and one work mule. And it is further hereby ordered that John W Collins, James J Jackson, Miller Frances, McGrady Montgomery, D Landis by and they are hereby appointed commissioners of partition to divide all of said property into two equal parts between said Elizabeth Cloud surviving wife & the estate of said dec'd and make return thereof to this court at its next November term. Recorded January 22nd 1862 Z W Matthews CCCAC Estate of Jeremiah Cloud dec'd. In Court Austin County Texas October Term AD 1861. To the Hon G W Johnson, CJ The petition of Elizabeth Cloud & F M Cloud admin of said estate represent that there is a plantation & slaves in their possession belonging to said estate, & they pray an order to carry on said plantation with said slaves for the ensuing year as they think it will be more to the interest of said estate, than to hire out said slave & rent said plantation; - They pray &e Hunt & Holland attys for admins. Filed Oct 30th 1861 and recorded jany 22nd 1862. Z W Matthews CCCAC (71) Estate of Jeremiah Cloud deceased. In the County court of Austin County. H G W Cloud one of the heirs of Jeremiah Cloud deceased comes into court & excepts to the application of the administrators filed at this Term of the Court to carry on the plantation upon the following grounds. 1st The personal & perishable property already ordered by the court to be sold embraces the horses & oxen, necessary to carry on the plantation & the order to carry on the plantation would necessarily result in recinding the order of sale of such perishable property. 2nd The slaves used in conducting said farm & the rent of the farm will greatly exceed the value of any crop heretofore raised upon said farm. 3rd At the expiration of twelve months from the grant of letters of administration the property ought to be partitioned as the personal, perishable property is amply sufficient to pay all the debts of said estate. 4th Because an order has been obtained at this court for a partition of all the real estate of said estate except the homestead which has been set aside for the use of the widow & the ballance of the estate should be partitioned as soon as possible & because it would make it necessary to rent the land which would be necessary to cultivate & carry on said farm. H G W Cloud by Porter & Blane attys Filed Oct 30th 1861 and recorded January 22nd 1862 Z W Matthews CCCAC
From Minutes D page 443 Wednesday October 30th AD 1861. The estate of Jeremiah Cloud dec'd. In the matter of the application this day filed in court to carry on the plantation of said deceased be and the same is hereby overruled. Recorded January 1862 Z W Matthews CCCAC To the Hon George W Johnson Chief Justice of Austin County. In the estate of Jeremiah Cloud deceased H G W Cloud one of the heirs comes into court & represents that there is a large amount of perishable property belonging to the estate of said deceased returned upon the inventory to wit: Six head of horses, two yoke of work oxen, a buggy & harness, 1 set blacksmith tools, 1 double barrelled shot gun & the ballance of one thousand bushels of corn after the sale of so much thereof as may be necessary to raise one hundred dollars, a lot of fodder, sythe & cradle, 1 oxen & ten pork hoggs, which be being kept necessarily involve costs to the estate & which are liable to waiste & perish the therefore prays that the administrators be ordered to sell the same upon a credit of twelve months believing that the same will greatly benefit the estate. H G Cloud by D Y Porter atty Filed Oct 30th 1861 and recorded january 22nd 1862 Z W Matthews
(72) From Minutes D page 444 Wednesday October 30th AD 1861. The estate of Jeremiah Cloud dec'd. In the matter of the petition of H G W Cloud praying the court for and order of sale of all the perishable property belonging to said estate. It is ordered that the same be and is hereby overuled and that all the perishable property, except that portion drawn by the widow & except the perishable property this day ordered to be sold belonging to said estate after the return and approval of the partition ordered at this term of court be sold at the late residence of said decd at public outcry after due legal notice given, on a credit of nine months, notes with approved security required bearing 12% interest after maturity. Recorded January 22nd 1862 Z W Matthews The State of Texas Austin County Know all men by these presents that we Elizabeth Cloud as principal & J M Cloud & Thomas Cochran as securities are held & firmly bound unto the Chief Justice of Austin County in the sum of Ten Thousand dollars payment of which well & truly to be made, we bind ourselves, our heirs & legal representatives jointly & severally, firmly by these presents. Witness our hands this 29th day of October AD 1861 The condition of this obligation is such that whereas the above named Elizabeth has made application to the County Court of said county at in October Term AD 1861 for a partition of the common property of herself & her deceased husband Jeremiah Cloud Sr as the same appears upon the inventory & appraisement of the estate of said deceased returned into said court & filed October 28th 1861; Now if she the said Elizabeth Cloud shall pay or cause to be paid one half of all debts existing against said common property then this obligation shall be null & void otherwise to remain in full force. her Elizabeth Cloud mark his J M Cloud mark Thos Cochrane Witness to Elizabeth Cloud & James M Cloud's signature Francis M Cloud The above & foregoing bond examined and approved this the 30th day of October AD 1861. Geo W Johnson Chief Justice Austin County Crt Filed Oct 29th 1861 & recorded Jany 22nd 1862 Z W Matthews CCCAC
From Minutes D page 444
Wednesday October 30th AD 1861. The estate of Jeremiah Cloud decd. The bond of Elizabeth Cloud for the benefit of creditors of said estate was this day examined appeared and ordered of record by the Court. Recorded January 22nd AD 1862.
Z W Matthews CCCAC
(73) Estate of Jeremiah Cloud dec'd. Novr Term Co Court Austin Co 1861. In obedience to an order of this court at its October Term 1861 the undersigned sold the following property belonging to said estate at the late residence of said decd. On the 20th day of November 1861, after legal notice given, & at public outcry to the highest bidder on a credit of nine months to the persons & at the prices following to wit:
1 sorrel mare to J W Tottenham $70.00
1 Bay Mare " L D Bragg 16.50
1 Bay mare & colt to J C Cloud 90.50
1 Bay mare to Thos McDade 22.00
1 Iron gray horse colt to J M Cloud 5.00
1 Bay filly 2 yrs old to Thos McDade 62.00
1 Bay mare & gray colt to J M Cloud 47.00
30 Head of stock cattle to W J Cloud 120.00
25 Head of stock hogs to J C Cloud 37.50
$532,50
62.00
$470.50
316 bushels of corn for cash to raise $100.00 a part of
the widows allowance, in lots of 40 bushels, to the
persons & at the prices following - to wit:
1st Lot 40 bushels to A Cameron 37 cts 14.80
2ns " " " " J W Tottenham 33 13.20
3rd " " " " A Cameron 31 12.40
4th " " " " " 31 12.40
5th " " " " " 31 12.40
6th " " " " " 30 12.00
7th " " " " " 30 12.00
8th " 36 " " " 30 10.80
$100.00
Notes & approved securities take from the several purchases of all --?-property except the corn - 10 head of stock horses were not sold because they could not be found --?--& one of said stock horse having died before the day of sale.
Elizabeth Cloud) adminrs of estate of
F M Cloud ) Jeremiah Cloud decd
Before we the undersigned authority personally came F M Cloud one of the administrators of the estate of Jeremiah Cloud decd & says on oath & subscribes the same that the above is a true & correct return of the property of said estate.
F M Cloud
This Nov 26th AD 1861
Z W Matthews CCCAC
Filed Nov 26th 1861 and recorded January 22nd AD 1862
Z W Matthews CCCAC
(74) From minutes D page 450. Tuesday November 26th AD 1861. The estate of Jeremiah Cloud decd. This day came up for the consideration of the court the return of sale of personal property belonging to said estate filed at this term - and the same upon examination appearing to be in all things correct and fairly made - the same is therefore approved and ordered of record. Recorded January 22nd AD 1862 Z W Matthews
From Minutes D page 452. Wednesday November 27th AD 1861. The estate of Jeremiah Cloud decd. In the matter of the report of the commissioners filed this day in court of the partition of said estate between the heirs of the same and the surviving widow, it is ordered that the same be continued to the next term hereof by consent of parties and that D Y Porter atty for H G W Cloud have leave to file objections to said report at or previous to the next term hereof. Recorded January 22nd AD 1862 Z W Matthews CCCAC
From Minutes D page 452.
The estate of Jeremiah Cloud Sr decd. The claims of S M Buster against said estate - to wit: Note for the sum of Forty one dollars and ten cents and an account for six dollars both attached together - and allowed by the administrators of said estate was this day approved by the Chief Justice in vacation.
This the 12th day of December AD 181
Recorded January 22nd AD 1862
Z W Matthews CCCAC
The State of Texas
County of Austin
To citizens John W Collins, James J Jackson, Miller Francis, McGrady Montgomery & D Landis. Whereas by an order entered upon the minutes of the county Court of Austin County, sitting in matters of Probate &e at the October Term AD 1861. You were appointed commissioners to make a partition of the common property of Elizabeth Cloud and the estate of Jeremiah Cloud deceased, There are, therefore, to command you to proceed forthwith to make such partition in accordance with said order of said Court (a copy of which accompanies this writ) and due return make under oath of the writ, before some officer, authorized to administer oaths, on or before the November Term AD 1861 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 the 4th Nov AD 1861.
Z W Matthews Clerk County Court Austin County
We the undersigned commission of partition in obedience to & by authority of the above annexed commission to us directed proceeded after a view of the property, to partition the common property of Jeremiah (75) Cloud decd & Elizabeth Cloud his surviving wife into two equal --?-- or lots between said Elizabeth the estate of said decd. Numbered:
Lots No 1, No 2 as follows
Lot No. 1
Tract 64 acres of land Jackson tract $9.50 per acre $ 608.00
" 189 1/2 acres Carrington " 11.50 2174.93
" 50 1/4 acres upper half Cochrane 8.00 402.00
1 sorrel horse Taddy valued at 100.00
1 grey mare Kit " " 65.00
1 buggy & double harness 85.00
1 double barrel shotgun 19.00
1 single barrel pistol 10.00
3 stacks fodder 30.00
$3494.43
Brought over 3494.93
10 Pork Hogs valued at 122.50
655 Bushels corn (supposed one half) 40 cts 262.00
9000 lbs seed cotton (supposed one half) $1.70 pr lb 153.00
$4032.43
Lot No 2
Tract 169 acres of land (Fisher tract) 16.00 per acre 2704.00
" 24 1/3 " " " (Hall tract) 12.00 per acre 304.16
" 50 1/4 " " " (Cochran tract) 8.00 per acre 402.00
1 white mule Lil valued at 36.00
3 stacks fodder 30.00
1 Lot Blacksmith's tools 25.00
1 lot plough & sweeps 12.00
1 wagon & 2 ox chains 23.81
1 lot Plough gearing 8.00
1 scythe & cradle 3.00
9000 lbs seed cotton $1.70 per lb 153.00
655 bushels corn $40.00 per bu 262.00
2 yoke oxen 1 @ 40.00 & 1 @ 35.00 75.00
$4037.97
From Lot No 2 we deduct scythe & cradle $3.00 and add same to Lot No 1 to equalize the lots. We then placed two strips of paper numbered 1 & 2 (to represent the above lots) in a hat & drew lots to ascertain to whom the above lots or shares should be allotted & assigned & for the widow Elizabeth Cloud was drawn Lot No (1) one, leaving Lot No two (2) for the estate of Jeremiah Cloud decd. The commissioners would state that three work horses & one work ox named in the order of partition were not up & before us & are not therefore in this division - They would further state that the land named in said order of partition in other counties than Austin & Washington cannot be fairly partitioned without a view thereof & this is inconvenient for them to go examine said land & they here (76) report the facts to the court - They would further state that with the assistance of B F Elliott a competent surveyor they have made out from the field notes of a general plot of the lands here partitioned by them which they herewith submit as a part of the report & marked "A" James J Jackson John W Collins Miller Francis McGrady Montgomery Sworn to and subscribed before me on this 27th Nov 1861 in open court Z W Matthews CCCAC On the original copy there is a map of the lands partitioned. Filed Nov 27th 1861 and recorded January 22md AD 1862 Z W Matthews CCCAC The State of Texas County of Austin In the County Court Decr Term AD 1861. Estate of Jeremiah Cloud deceased. In the matter of the Partition of the community property of the estate of said deceased - H G W Cloud one of the heirs of said estate excepts to the report of the commissioners upon the following grounds: 1st The partition as made by the commissioners is contrary to law in this that the partition lines are not defined by distinct lines. 2nd Of the several tracts of land partitioned several parts are enclosed & have been cultivated in the same field without distinctly marked lines & corners, it is impossible to ascertain the different (77) tracts belonging to Elizabeth Cloud & the estate of deceased. 3rd The J Hall tract purports to be divided by the upper & lower half when there has been no line run nor any survey by which the upper may be distinguished from the lower half. 4th It is in many respects informal insufficient & illegal. Porter & Blane attys for complt. Filed Dec 18th 1861 and recorded January 22nd AD 1862 Z W Matthews CCCAC
From Minutes D page 457. Monday December 30th AD 1861. The estate of Jeremiah Cloud decd. The report of the commissioners of partition of the community property of said estate between Elizabeth Cloud surviving widow & the estate of said decd continued from the November Term of this court having now at this December term come up for consideration together with the exceptions of H G W Cloud to the same, & said report & exceptions being submitted to the court upon the testimony of witnesses and the argument of counsel and the court having carefully examined said report & fully considered said exceptions directs and it appearing to the court that said partition and division was fairly made and that no valid exceptions have been taken to the same; it is therefore considered by the court, ordered, adjudged and deceased that the exceptions of said H G W Cloud be overruled and that said partition and the report of said commissioners be and the same is hereby approved and it is ordered that said report be recorded by the clerk. And it is further ordered adjudged and decreed that said H G W Cloud pay all costs occasioned by the filing of his said exceptions to said report. Notice of appeal given in open court. Bond of Two hundred dollars required by the court. Recorded January 22nd AD 1862 Z W Matthews CCCAC Estate of Jeremiah Cloud decd. In vacation County Court Dec 1861. To the Hon G W Johnson Chief Justice. The admrs of said estate pray your honor for an order to hire out for the ensuing year the slaves belonging to said estate & to rent out two small pieces of cleaved land out of the Fisher tract, about twenty acres each also belonging to said estate & they pray &e. Hunt & Holland atty for admr Elizabeth & F M Cloud Filed Dec 12th 1861 & recorded Jany 22nd 1872 Z W Matthews CCCAC
From Minutes D page 449 Tuesday December 31st AD 1861. The estate of Jeremiah Cloud Decd. This day came up for the consideration of the court the petition of the admrs of said decd praying an order of hiring and renting of the negroes and plantation belonging to said estate filed Dec 12th 1861. The court now makes its order nunce pro true, ordering said admrs to hire said negroes and rent said plantation in accordance with the prayer of said petition. Recorded January 22nd 1862 Z W Matthews (78) From Minutes E page 21. Monday January 27th 1862. The Estate of Jeremiah Cloud ded. The note of J W Tottenham for amt of one hundred and fifty one dollars dated Jany 2 1860 with a credit on same of date Jany 27th 1862 for amt of eight dollars against said estate allowed by the admrs thereof was this day approved by the Chief Justice as a just claim against said estate Recorded January 31st AD 1862 Z W Matthews CCCAC
From Minutes E page 27th
Monday January 27th AD 1862. The estate of Jeremiah Cloud Decd. In the matter of the claim of the administrator against said estate it is ordered that the same be continued upon the affidavit of the objecter.
Recorded January 31st AD 1862
Z W Matthews CCCAC
Estate of Jeremiah Cloud decd. I F M Cloud one of the administrators of said estate do swear that after legal notice given I caused to be hired out at for the year 1862 public outcry to the highest bidder on the 4th day of this present month, January, at the late residence of said decd the following slaves belonging to said estate - the hiring made on a credit till the 1st day of January 1863. Said slaves were bid off by the persons & for the sums following to wit:
1 Betsey & her two children Louise & Mary bid off by
James M Cloud at $100.00
2 Joe bid off by James M Cloud at 190.00
3 Linn bid off by N Cochrane for James M Cloud 200.00
4 Clarissa bid off by " " " " 100.00
5 Daniel bid off by " " Dr Bartley $200.00
$800.00
About 50 acres of land the amount to be ascertained by survey rented to Alex Cloud at $1.00 per acre
Noted & approved security taken for said --?-- as above
F M Cloud
Sworn to & subscribed before me this
27th day January AD 1862
Z W Matthews CCCAC
Filed Jany 27th 1862 and recorded Jany 31st 1862
Z W Matthews CCCAC
From Minutes E page 31 Tuesday January 28th AD 1862. The estate of Jeremiah Cloud decd. In the matter of the approval of the return of hiring of the negroes and renting of land belonging to said estate, and it appearing to the court that the same was fairly done and in accordance with the order of this court it is therefore ordered that the same be and is hereby fully approved and ordered of record. Recorded Jany 31st AD 1862 Z W Matthews CCCAC (79) The State of Texas County of Austin In County Court Jany Term AD 1862. In the matte of the exceptions to the account of administrator of the estate of Jeremiah Cloud HGW Cloud excepter comes & makes oath that the he cannot go safely to trial at this term of the Court for the want of the testimony of T W House a material witness for the exceptor who resides in the County of Harris, that J S Calvert, Jeremiah Cloud, Joseph Francis & Alexander Cloud all citizen of the County of Austin are material witnesses for the exceptor, that they are not absent by his procurement or consent that the has not been able to examine the administrator s account untill the present term of the Court that he was unable to attend the last term of the court on account domestic affliction & that it is only one week since he heard that this claim was filed that he expects to have the benefit of their testimony by the next term of this court that a continuance is not asked for delay but for justice. his H G W Cloud mark Sworn to & subscribed this the 27th day of Jany AD 1862 Z W Matthews CCCAC Filed January 27th 1862 and recorded March 5th 1862 Z W Matthews CCCAC
From Minutes E page 43. Tuesday February 25th AD 1862. The Estate of Jeremiah Cloud decd. The matters pertaining to the admrs claim in this estate are continued to the next term hereof as upon affidavit of exception Recorded March 5th AD 1862 Z W Matthews CCCAC
From Minutes E page 47. The Estate of Jeremiah Cloud decd. The claim of John --?-- against said estate for amt $35.00 allowed by the admrs Feby 28th 1862 was this day examined and approved by the chief justice as a just claim against said estate. Done in vacation March 1st AD 1862 Recorded March 5th AD 1862 Z W Matthews CCCAC
From Minutes E p 49. Monday March 31st AD 1862. The estate of Jeremiah decd. The matters pertaining to the admrs claim in this estate are continued to the next term hereof Recorded May 2nd AD 1862 Z W Matthews CCCAC The State of Texas County of Austin In County Court, March Term 1862. To the Honl George W Johnson Ch Justice of said county - The petition of Elizabeth Cloud and F M Cloud, adms. and admr of the estate of Jeremiah Cloud decd, respectfully represents unto your Honor that a part of the property - ordered to be sold by order entered in the (80) minutes at the last October Term of this Court has not yet been sold because the same could not be gathered, now petitioners in addition to the property already ordered to be sold ask of your Honor for a further order to sell the following property - (personal) namely one white mule, Lil; 3 stacks fodder; one lot Blacksmith Tools; one lot Plows and sweeps; one wagon & two ox chains, one lot plow gearing; one scythe and cradle; 2 yoke oxen; also two work horses not partitioned; all of which it is necessary to sell for the interest of said estate, as it is liable to depreciate in value and some of it to become a loss to the estate and petitioners pray for general relief. Hunt & Holland for petitioners Filed March 31st 1862 and recorded May 2nd 1862 Z W Matthews CCCAC
From Minutes E page 55.
Tuesday April 1st AD 1862. The estate of Jeremiah Cloud decd. This day came up for the consideration of the court the petition of the admrs praying for the sale of personal property for the purpose of raising tax money &e and it appearing to the satisfaction of the court that a necessity exists for said sale - It is therefore ordered that the admirs sell on a credit of until the 1st January AD 1863 the following property to with:
One white mule, Lil; 3 stacks fodder, one lot Blacksmith Tools, one lot plows and sweeps; one waggon & two ox chains, one lot plow gearing, one scythe and cradle; 2 yoke oxen, also two work horses not partitioned (one of said horses to be sold for cash provided a fair market price can be had) sale to be at the late residence of said decd, all sums of five dollars or less to be for cash, purchasers required tao give notes with approved security - bearing 12% interest after maturity - legal notice to be given of said sale and return to be made to the next term hereof.
Recorded May 2nd AD 1862
Z W Matthews CCCAC
Estate of Jeremiah Cloud decd. April term Co Court AD 1862. I, F M Cloud one of the admrs of the estate of Jeremiah Cloud, decd do swear that after legal notice given, I proceeded on Thursday the 24th day of April AD 1862 at the late residence of said decd to sell and did sell at public outcry to the highest bidder on a credit of nine months the following property belonging to said estate to the persons and at the prices named here below under an order of this Hon Court at its October Term to effect partition between said estate and Elizabeth Cloud the surviving widow of said decd, to wit:
1 Bay mare to James M Cloud @ $ 25.00
1 Bay horse Lum " " " 18.00
1 Sorrel horse to Wm Washum 86.50
(81)
1 Bay mare & colt to David Dunlap @ 145.00
1 Sorrel mare & colt to " " " 120.00
1 " " " " Wm J Cloud 143.00
1 Bay horse " Alexr Cloud 182.00
1 Grey mare " J C Cloud 150.00
1 Sorrel mare " Isaac Connelly 170.00
$1039.50
Notes & approved security taken from purchasers with 12 per cent int from maturity.
Also at the same time & place the following property belonging to said estate was sold at public out cry to the highest bidder on a credit all the 1st day of January 1863 to pay debts &e. The purchasers & prices being as stated below to with:
1 white mule Lil to Jas M Cloud @ 25.00
1 ox " " " 5.00
1 stack fodder " " " 10.00
1 lot plow gearing & hoes to Jas M Cloud 1.00
1 scythe & cradle " " " 1.00
1 Lot Plows & sweeps " " " 3.00
1 Yoke oxen sold to Jas W Bateman 40.00
1 ox wagon & 2 chains " " 22.25
1 Lot blacksmith tools " " 20.00
1 Lot old plows " " 4.50
2 stacks fodder sold to N Holland $20.50
$152.25
Notes & security taken as above
The admrs states that the horse ordered to be sold for cash was not sold, there being no bid for him & your admr now asks to be permitted to sell said horse at private sale for cash at a fair marked value.
Personally came F M Cloud before me Z W Matthews clerk of the County Court within & for the county of Austin & state of Texas who on oath says and subscribes that the foregoing return of sale is correct.
F M Cloud admr
Sworn to and subscribed before me
on this the 28th day of April AD 1862
Z W Matthews Clerk AC
by B F Elliott Deputy
Filed April 28th 1862
Z W Matthews clk
From Minutes E page 59. April 28th 1862. The estate of Jeremiah Cloud decd. This day came up for consideration of the Court the return of sale of property in this estate and it appearing to the court that said sale was fairly made and in accordance with the law is therefore approved and ordered of record by the court. (82) The estate of Jeremiah Cloud decd. In Co Court April Term AD 1862. To the Hon G W Johnson CJAC. F M Cloud one of the admrs of the estate of Jeremiah Cloud decd represents that under a mistake & a missapprehension of the authority conferred upon the admr of the said estate by order of your Humble Court at its last October term directing a sale of the personal property of said estate on a credit of nine months, said admrs acting under said order as the supposed sold on the 22nd day of January AD 1862 Three hundred & seventy eight & a half bushels of corn being all the corn belonging to said estate at private sale to James M Cloud at the price of fifty five cents per bushel on the credit aforesaid of nine months - That said price was a fair market value for said corn & as this admr believes more than it could be sold for again - That said corn was somewhat weevil eaten & not of the best quality & your admr prays your Honor to confirm said sale & make an order Nunce pro ture authorizing said sale as your admr is satisfied it would be for the interest of the estate that said sale should stand. The whole amt of said sale is $208.19 for which note & approved security have been taken. Hunt & Holland Attys for Petitioner Before me the undersigned authority personally appeared F M Cloud one of the admrs of Jeremiah Cloud decd who being sworn says and subscribes that the matters and things above set forth are true. F M Cloud Sworn to & subscribed before me this 29th day of April AD 1862 Z W Matthews CCCAC Filed April 29th 1862 Z W Matthews CCCAC Recorded May 12th 1862 - Z W Matthews Clk By B F Elliott Deputy
From minutes E page 60. April 29th 1862. The estate of Jeremiah Cloud decd. In the matters of the return of sale of the corn 378 1/2 bushels belonging to said estate in connection with the application of F M Cloud one of the admrs for an order of sale Nune pr true the same having been considered and by the court fully understood & appearing to the satisfaction of the court that said admr sold said corn at private sale under a mistaken & misapprehension of the authority confirmed by a former order of the court at its last October term directing a sale of the perishable property of said estate at public out cry to the highest bidder on a credit of nine months & it further appearing to the court that the price (fifty-five cents per bushel) at which said corn was sold was its fair market value & that the sale was fairly made - It is therefore considered by the court ordered adjudged & decreed that said sale be & the same is hereby confirmed & the authority is hereby given Munc pr true enabling said admr to sell said corn at private sale & sanctioning the same as made & returned.
(83) From Minutes E page 60. April 29th 1862. The estate of Jeremiah Cloud decd. The matters pertaining to the administrators claim and continued to the next term hereof as on the affidavit of H G W \cloud.
From Minutes E page 65. The estate of Jeremiah Cloud decd. This claim of J G Bill for amt of $41.80 with a credit of thirty dollars dated June 10th 1861 allowed by the admrs of Jeremiah Cloud decd was this day appraised by the Chief Justice as in just claims against said estate. Done in vacation this the 3rd day of May 1862
From minutes E page 70. July 1st 1862. The estate of Jeremiah Cloud decd. The matters pertaining to the approval of the return of sale of cotton in this estate are continued to the next term hereof. Recorded July 27th 1862 Z W Matthews clkk B F Elliott Deputy Estate of Jeremiah Cloud decd. By virtue of an order of the county court of Austin County by its last October Term authorizing a sale of the cotton crop of last year belonging to said estate, the admrs report & set forth under oath that they on the 8th day of May 1862 sold and delivered to A G Compton of Branham said cotton crop consisting of seven bales weighing in all 3335 lbs at private sale for cash at 6 1/2 cents per lb being the highest cash price that could be obtained making the full sum of $216.77 which was only sixteen dollars & 77/100 more than sufficient to pay the balance of the widow's allowance - to with; $200.00 which has already been paid to her out of the proceeds of this sale above returned------ They further return that on the 17th May 1862 they sold a mare and colt of said estate at public outcry to the highest bidder on a credit of nine months & Hillsman Lewis being the highest bidder became the purchaser at the price & sum of $173.00 for which note & approved security with 12 per cent interest per annum was taken; they also further report that they sold a horse belonging to said estate for $125.00 cash to pay (84) taxes under the order of Court & that said price was a fair market cash price for said horse. Elizabeth Cloud F M Cloud Admrs. Sworn to & subscribed before me this 26th day of May AD 1862 Z W Matthews Clerk AC By B F Elliott Deputy Filed May 26th 1862 - Z W Matthews CCCAC B F Elliott Deputy Recorded August 28th 1862. L Howard CCCAC " " "
From minutes E page 74. August 25th 1862. The estate of Jeremiah Cloud decd. This day came up for the consideration and approval of the court the return of sale of the crop of cotton for the year 1861 - One mare and colt & one horse belonging to said estate in pursuance of an order of said court made at the last October term thereof and the same appearing to have been fairly made and in accordance with law it is approved by the court and ordered of record State of Texas Austin County Estate of Jeremiah Cloud decd. To August term Co court 1862. To Hon J H Collins Chief Justice of said County, I, Elizabeth Cloud one of the admrs of the estate of Jeremiah Cloud decd do swear that after legal notice given I proceeded to sell on Tuesday the 21st day of August at the late residence of said decd a mare & cold belonging to said estate at public outcry to the highest bidder on a credit of nine months under an order of your Honorable court & James M Cloud being the highest bidder purchased said mare & cold at the price of twenty dollars $20.00 note & approved security taken from the purchaser. her Elizabeth Cloud mark Sworn to & subscribed before me this 23rd day of August AD 1862 B G Harrison JPAC Filed August 26th 1862 & recorded August 29th 1862 L Howard clk
From minutes E page 77. August 26th 1862. The estate of Jeremiah Cloud decd. This day came up for the consideration of the court the return of sale by the admr of said estate of a mare & colt belonging to said estate and the same being examined by the court is approved & ordered of record. From Minutes E page 77. August 26th 1862. The estate of Jeremiah Cloud decd. The matters pertaining to the admrs claim in the estate is continued until the next term of court. ??