Probate records of Rusk County Texas

Transcribed by Sandra Smith

Here is a copy of the guardianship of James Smith, Texana Smith, Thomas Smith and Delilah Smith, children of Joseph P. Smith deceased and Minerva Ann Hall Smith[Minerva is the daughter of John and Susan? Hall of Nacogdoches County Texas.]


Probate records of Rusk County Texas Volume I

FHL film # 1020931
Rusk County Court probate records
Volume I
No 659 pages 40-45; 76-78

Guardianship of James Smith Et Al.
[James, Texana, Thomas and Delilah Smith]

Page 40

Petition for letters:
The State of Texas, County of Rusk
County court pertaining to estates of deceased persons &c.
To the Hon. Bennett Smith chief justice of said county. Your petitioner A. J. Smith a resident citizen of said county & state says there are residing in said county & state the following named minors to wit. James Smith, Thomas Smith, Texana Smith and Delilah Smith all under the age of fourteen years. Said minors are the heirs of Joseph Smith deceased. Petitioner is their uncle. said have no legal guardian, and own 275 acres of land worth about ten dollars per acre and situated in said county & state. Petitioner prays to be appointed the guardian of the person & estate of said minors.
Endorsement:
A. J. Smith
by Morris & Casey Attys.

NOTICE
Notice filed May 27, 1861
Whereas A. J. Smith has filed his petition in the office of the clerk of the county court of Rusk County. Praying to be appointed guardian of James Smith, Thomas Smith, Texana Smith and Delilah Smith minors. Notice is therefore hereby given to allpersons
interested to be and appear at the next term of the county court of Rusk County pertaining to the estate of deceased persons &c. To be holden on Monday the 27th day of May A. D. 1861 at the court house in the town of Henderson the county seat of said county.   Then and there to show cause if any they can why said application should not be granted.
Henderson May 15th 1861
P. G. Whetstone CCC. Rusk Co.

Endorsement: No. 659 Guardianship of James Smith Et. al. Notice
Filed May 27th 1861 .
P. G. Whetstone CCC Rusk. Co.

Order May Term 1861
Guardianship of James Smith Et al
And now at this term of the court the petition of A. J. Smith praying to be appointed guardian of James Smith Thomas Smith,Texana Smith & Delilah Smith coming on to be heard and it appearing to the court that the notice required by law of said application had been given and there
page 41 
being no opposition to this application. It is ordered by this court that the said A. J. Smith be appointed guardian of minors of the estate of said minors upon his giving bond with solvent security in the sum of five thousand dollars conditions as the law requires. And it is further ordered by the court that Bennett Boggess, W.J.Smith and Anderson Boggs be appointed appraisers of the property belonging to said minors.

Bond of Gdn Filed May 27,1861

To all to whom these presents may come. Greeting. Know ye that A.J. Smith as principal and John Grigsby and William Bromley as sureties are held and firmly bound unto the chief justice of the county of Rusk in the sum of five thousand dollars for the payment of which will and truly to be made unto the said chief justice, we bind ourselves, our heirs executors and administrators jonitty(sic)and severally firmly by these presents, signed with our hands and sealed with our seals(the seals being scrolls) this twenty seventh day of May AD 1861. The condition of the above bound A.J. Smith has been appointed guardian of the estates of James Smith, Thomas Smith, Texana Smith, and Delilah Smith. Now if the said A J Smith shall well and truly perform all the duties required of him under said appointment, then this obligation shall be n_____. Now, otherwise to remain in full force and effect.

Approved May 27th 1861 A J Smith seal
Bennett Smith John P Grigsby seal
Chief Justice W. Bromley seal

Oath

I A. J. Smith do solemnly swear that I will well and truly preform all the duties devolving upon me as guardian of the estate of James Smith, Thomas Smith, Texana Smith, and Delilah Smith to the best of my skill and ability so help me God. A. J. Smith
Sworn to and subscribed before me P.G. Whetstone clerk of the Rusk county court of said county this 27th day of May AD1861.
P.G. Whetstone, ccc Rusk Co

page 42
No 659. Guardianship of James Smith et al. Bond filed May 27th
1861.
P.G. Whetstone ccc Rusk Co.

County Court May term 1861

To all to whom these presents may come. Greeting Know ye that A J Smith is this day duly appointed guardian of James Smith, Texana Smith, Thomas Smith and Delilah Smith, and the said A J Smith having duly qualified and given bond as
such guardian is hereby duly authorized to take upon himself the performance of the duties of the said trust of such guardian
according to law. In witness whereof we have hereunto set our official signatures and the seal of said court in the town of Henderson on the twenty seventh day of May AD eighteen hundred and sixty one. 
SS Bennett Smith
Test Chief Justice
P G Whetstone county clerk of Rusk county.

Petition to sell land filed May 27th 1861

County Court pertaining to Guardians &__ May term 1861
To the Hon. Bennett Smith chief justice
Your petitioner, A J Smith as guardian of the minors James Smith, Thomas Smith, Texana Smith and Delilah Smith, prays the court to grant an order for the sale of fifteen acres of land belonging to said minors situated in said county & state. Beginning at the south west corner of a twenty five acre tract sold by Joseph P Smith to Ben Smithers, thence east with his south
boundary line, to his southeast corner, thence south west & north to the beginning so as to include fifteen acres. Petitioners says that said sale is necessary for the support and maintenance of said minors. He prays for publication and that this petition be acted upon by the next term of this court.
Sworn to & subscribed before me this 27th May 1861 A J Smith
P G Whetstone ccc Rusk Co

page 43 Order

Guardianship of James Smith Et al

And now at this term of the court comes A. J. Smith guardian of James Smith, Thomas Smith, Texana Smith and Delilah Smith, by his attorney and files his application praying the court to grant an order for the sale of fifteen acres of land belonging to said minors situated in said county and State and bounded as follows, Beginning at the south west corner of a twenty five acre tract sold by Joseph P Smith to Ben Smithers, thence east with his south boundary line to his southeast corner, thence south west and north to the beginning so to include fifteen acres, and it appearing to the court that a necessity exists for the sale of said land, for the purpose of raising means for the support and maintenance of said minors. It is therefore ordered by the court that publication be made according to law of said application in the East Texas Times, a newspaper published in the town of Henderson, Rusk county Texas.

Notice

Whereas A J Smith guardian of James Smith et al has filed his petition in my office praying for an order authorizing him to sell a certain tract of land belonging to said minors. This is notify all persons interested in the welfare of said minors that said petition will be acted upon at the next regular term of the county court of Rusk county pertaining to estates of deceased persons guardianships &t to be holden at the court house in the town of Henderson, on the 24th day of June AD 1861 when they can appear and show cause if any they have why such sale should not be made as applied for. Given under my hand and seal of office in .SS. Henderson this the 28th day of May AD 1861
P G Whetstone CCC Rusk Co

page 44
Order-July term 1861

The petition of A. J. Smith guardian of James Smith, Thomas Smith, Texana Smith and Delilah Smith for the sale of the following described tract of land to wit. fifteen acres of land in said county & state. Beginning at the south west corner of a twenty acre tract sold by Joseph Smith to Ben Smither, thence east with his south boundary to his south east corner, thence south west & north to the beginning or as to include fifteen acres part of the Headright of James Smith coming on to be heard, it appearing that the sale of said land is necessary for the support and maintenance of said minors and that publication had been made as the law requires. It is ordered by the court that the above tract of land be sold at auction at the court house door in the town of Henderson the county seat of said county, on the first Tuesday in September 1861 for cash.

Petition to Revive order of sale

County Court pertaining to estates of deceased persons September term 1861, To the Hon. Bennett Smith Chief Justice,
A. J. Smith guardian of the minors, James Smith, Texanna Smith, & Delila (sic) Smith, says that at the July term 1861 of this court he obtained an order to sell fifteen acres of land of said minors on the first tuesday in September 1861 for cash at auction.
He says that said sale was not made as he was not satisfied. It would be more to the interest of said minors to have said sale postponed until the first Tuesday in Nov 1861. He therefore  prays that said order be renewed that the land mentioned in said order be sold at auction for cash


page 45
on the first tuesday in November 1861.
Sworn to & subscribed before me A.J.Smith
this Sep 30th 1861 PG Whetstone ccc, Rusk Co
Endorsed

Guardianship of heirs of Joseph Smith. Petition to revive order of sale of land. Filed Sep 30th 1861 PG Whetstone ccc, Rusk Co

Order Sept term 1861
Guardianship of James Smith & Others

And now at this term of the court come A.J. Smith guardian of the minors James Smith, Thomas Smith, Texanna Smith, and Delilah Smith by his attorney and files his report and petition showing to the court that he did not sell the land belonging to said minors in obedience to a previous order of this court and prays the court to revive said original order of sale and authorize and require him to sell said land (described in original order) at the court house door in the town of Henderson on the first Tuesday in November next at the highest bidder for cash. Whereupon it is ordered by the court that said original order be revived and that said guardian be authorized and required to sell said land as prayed for in petition.

Order Nov Term 1861
Guardianship of James Smith & others

And now at this term of the court comes A.J. Smith, guardian of the minors James Smith, Thomas Smith, Texannah(sic) Smith and Delilah Smith, by his attorney and files his report of the sale of fifteen acres of land belonging to said minors, which said tract of land is described as follows..Beginning at the southwest corner of a tract sold of twenty five acres sold by Joseph Smith to Ben Smither. Thence east with his south boundary line to his south east corner. Thence south west and north to the beginning so as to include fifteen acres which said report being examined and considered by the court. It is ordered by the court that said report be received and recorded and that said sale be in all things confirmed and that the said A J Smith make title to Ben Smither the purchaser upon his complying with the terms of the sale.
carried to page 76

No 659 Guardianship of James Smith & others

County court pertaining to guardianships and c November term
1861

To the Hon Bennett Smith Chief Justice A. J. Smith as guardian of the minors, James Smith, Texanna Smith & Delilah Smith, says that in obedience to an order of this court, he sold at the court house door in the town of Henderson, the county seat of said county on the first tuesday of November 1861, for cash at auction, fifteen acres of land, in said county and state. Beginning at the south west corner of a twenty five acre tract sold by Joseph Smith to Ben Smither. Thence east with his south
boundary line to his south east corner, thence south west and north to the beginning so as to include fifteen acres that Ben Smither became the highest and best bidder for said land he having bid and paid for the same, seven dollars per acre. He asks an order confirming said sale & to make title therefor to said Smither  A.J. Smith Guardian of James Smith & others
Sworn to & subscribed before me this 25th day of Nov 1861
P G Whetstone ccc Rusk Co

Remainder of page is inventory of expenses and income for minors and continued on page 77

page 77

Your reporter reports that he has loaned out eight hundred dollars of his wards money at eight per cent per anum taking note with a lien on real estate to secure its payment which leaves a balance in his hands of three hundred & ninety-six dollars belonging to his wards. Your reporter would ask the court to make an order allowing him to retain in his hands the said three hundred & ninety-six & 97/100 dollars without interest as a fund to clothe and educate his said wards, as far as the same will pay.
Sworn & subscribed before A. J. Smith guardian
me this the 26th day of January AD 1867
J N Still ccc Rusk Co

Endorsement

Guardianship of James Smith st al. Annual report filed January 26th 1867
J N Still ccc Rusk Co

Received of A.J. Smith guardian of Texana Smith now Texana Milner upon settlement with said Smith two hundred & sixty eight & 50/100 which is the full share of the said Texana in the property of B.H. Smith deceased, which went unto the hands of A J Smith as her said guardian and which said amount of money is in full of all demands I have against said Smith as my

page 78
guardian except my interest in the land belonging to the estate of my father Joe P. Smithdeceased, which said land has been turned over to me by my said guardian, and we hereby ask the Hon. Judge of the County Court of Rusk County Texas to discharge my said guardian from further care of my estate & liability as my guardian

G. Milner
This 11th day of ------1869
Texana Milner


Receipt of J J Smith

Received of A.J. Smith guardian of James Smith upon settlement with said Smith fifty five dollars which is the full share of the said James in the property of B.H. Smith deceased, which went into the hands of the said A.J.Smith as his guardian and which said amount of money is in full of all demands I have--said Smith as my said guardian except my interest in the land belonging to the estate of my father Joseph P Smith deceased, which said land has been turned over to me by my said guardian, and I hereby ask the Hon Judge of the County Court of Rusk County Texas to discharge my said guardian from further care of my estate & liabilities as my guardian.
________24,1869 J.J. Smith


Application to sell land

State of Texas County of Rusk Probate Court for Term 1869

To the Hon Chief Justice of Rusk County. The undersigned guardian of Thomas Smith respectfully represents and states unto your Honor that his former ward James Smith is the owner of 42 1/4 acres of land that lyes(sic) with and joins the land owned by his said ward, the said Thomas Smith. That he has some funds in his hands of his said ward, the said Thomas. That said land
cannot be easily divided between the said James & Thomas. That the said James proposes to sell his interest in said tract of land to undersigned as guardian of said Thomas $4.00 per acre said tract of land is a part of the tract of 800 acres given by James Smith to Joseph Smith off of the headright League of said James Smith. He further states that his said ward only lacks about 6 years of being of full age and is very anxious that the undersigned should
[the next is written down the side of the document]: ___ would be of great benefit to his ___ ward. That he believes that the purchase of said land for said ward would benefit said ward more than he could make of with money. He herefore prays His Honor to grant him an order allowing him to purchase said land.
AP Smith GN.

Film 1020931 Probate records of Rusk County Texas Volume I