Estate of James Smith of Rusk Co. TX Gloria B.Mayfield, CC

Your petitioner Henry M. Smith a resident of said County of Rusk respectfully represents unto your Honor that his father James Smith, late of said - died at his residence in said county a short time since, intestate, leaving a considerable real and personal estate.

That the widow of said intestate - to wit - Hannah Smith declines to administer upon the estate of said interstate and is desirous that your petitioner will do so. He therefore prays that your Honor will grant him letter of administration upon the estate of the said James Smith and for all other things necessary in the premises.

Whereas Henry M. Smith has filed his petition in the Office of the Clerk of the County Court of Rusk County praying to be appointed Administrator of the estate of James Smith deceased: Notice is therefore hereby given, To all persons interested in his said estate, to be and appear at the next term of the county court of Rusk County pertaining to the Estates of deceased persons & be holden on Monday the 29^th day of January A. D. 1855 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.

And now at this term of the Court this cause coming on to be heard and it appearing to the court that H M Smith had filed his petition praying to be appointed administrator of said Estate and that the required notice thereof had been given. It is ordered by the Court that the said H. M. Smith be so appointed upon his giving Bond in the sum of Thirty thousand dollars conditioned as the Law requires.

Know all men by these presents, that one H. M. Smith as principal and I. N. Smith & Wm Bromley & Joel B. Crain as his securities are held and firmly bound unto the Chief Justice of said County in the full sum of Thirty thousand dollars for the payment of which sum well and truly to be made. We bind ourselves, our heirs, executors, administrators and assigns, jointly and severally firmly by the presents signed with our hands and sealed with our seals (the seals being [scrawls] this twenty ninth day of January A D 1855.

The condition of the above obligation is such that whereas the ___bound H. M. Smith has been appointed by the Chief Justice of said County administrator of the estate of James Smith deceased. ____

as the duties required of him under said appointment - then this obligation to be null and void, otherwise to remain in full force and office.

I H. M. Smith do solemnly swear that James Smith deceased, died without leaving any lawful will so far as I know or believe & that I will well and truly perform all the duties of Admr of the estate of the James Smith deceased to the best of my skill and ability. So help me.

Know Ye that H. M. Smith having filed his petition the office of the County Court, praying to be appointed administrator of the Estate of James Smith deceased, late of the State of Texas and County and County of Rusk died seized and possessed of divers goods and chattels, rights and ___ within said State of Texas and the said H. M. Smith having given conditions as the law requires in the sum of Thirty Thousand dollars and we being desirous that the said estate may be well and faithfully administered, kept and preserved do hereby grant unto the said H. M. Smith of the State and County first above mentioned, full power of admr. Of said estate& to ask for, recover and receive all the effects of said estate: to make a perfect and just inventory of the same! And to furnish at all times when hereunto legally required a just account of said administration. And the said H. M. Smith is hereby and these presents constituted and appointed administrator of all and single the goods and chattels - rights and credits, lands and tenements, of said James Smith have caused the seal of the County Court of Rusk C to be hereunto affixed at office in Henderson on the this tenth day of Febr A D 1855.

And now at this term of the court comes the Administrator of said Estate and proves the court to grant him appraisers of said estate.

And now at this term of the court comes the administrator of said estate and filed an Inventory & appraisement of said Estate which having ___nd of and by the court, it is ordered that the same be received and recorded.

An inventory of the property belonging to the Estate of James Smith decd which has come to the knowledge and possession of H. M Smith administrator of said estate, up to this date.

5 Bed Steads	23.00	2 Skillets & Lids	1.20
3 Feather Beds	60.00	1 Oven & Lid
1 Matrass [sic]	2.50	Amount carried forward
1 Clock	5.00	Amount Brought forward
1 pine Chest	5.00	1 Brass Kettle	3.50
1 Press	2.50	1 Tea Kettle	..75
.3 tables	5.00	1 Wash Kettle - cracked	2.00
8 Chairs	6.00	1 Wash Pot	4.00
1 Desk	4.00	1 Boiler	.40
1500 lb Bacon	187.50	1 Cross Cut Saw	5.00
400 Bushels Corn	400.00	1 Wheel - Spinning	3.00
1 Carriage & Harness	175.00	1 Reel	1.00
2 Head of Horses 175 00 - 75 00	250.00	3 Water Buckets	3.00
1 Mule - blind	30.00	3 Weeding Hoes	.30
1 Wagon and Harness	35.00	1 Garden Hoe	.50
40 Head of Sheep	80.00	1 Rake	?
50 Head of Hogs	100.00	1 Shovel	.75
9 Head of Cattle	45.00	1 Spade	?
4 Ploughs	4.00	1 Shot Gun	35.00
3 Single Trees	3.00	1 Saddle	10.00
1 Clevises	1.50	3 Cows & Calves $15	45.00
3 Stacks Fodder	18.00	Pitchfork & Garden Shovel	.50
3 Smoothing Irons	1.25	1 Lot Castings - broken	2.50
		8 Gal Stone ware	1.60
		2 Churns	3.00
		1 Tray	.25

Before me this day personally appeared George. H. Ramey and Thompson Camp and made oath that the foregoing inventory contains all the property of James Smith Estate which has come to their knowledge & view to be appraised & that the amt set opposite to each item is its cash value.

The undersigned admr states that the foregoing inventory does not embrace all the property belonging to the Estate of James Smith but that it contains all that has come to his possession and knowledge so as to have it appraised. He states that there is some stock in the Range belonging to said Estate which he has not had timer or opportunity to get them up. And that the Lands belonging to said Estate are not in such a condition as to enable him to inventory them at this time. He also states that he has not yet been able to find any account or other claims due to said Estate.

Before me the undersigned Authority this day personally appeared H. M. Smith administrator of the Estate of James Smith Decd and made Oath that the foregoing is a correct inventory of the Estate of the said James Smith so far as the same has come to his possession.

Febry T 1855 And now at this term of the Court carries the administrator of said estate and moves the court to grant an order setting apart to the widow a property exempt from execution as the Law directs wherefore the Court set aside all the property in the said Inventory exempt from execution of further sum of two hundred and fifty dollars out of the proceeds of said Estate for the support of the widow & family.

Febry T 1855 And now at this term of the Court comes the administrator of said Estate and moves the court to grant him an order to sell the perishable property belonging to said estate which being considered of by the court It is ordered that the administrator sell the perishable property belonging to said Estate on the 17^th day of March 1855 on a credit 12 months at the late Residence of said decedent

March T 1855 And now as the term of the Court comes the administrator of said Estate & filed his report of Sale of the perishable property of said Estate which being considered of by the Court It is ordered that the same be received and recorded and sale be in all things confirmed.

Henry Smith as admr of the Estate of James Smith Decd begs leave to report that on the 17^th day of March 1855 he did in pursuance to your order sell a portion of the property of [sic] belonging to said Estate on a credit of twelve months at public out cry on the premises of said decedent which sale was made as follows to wit:

1	Carriage sold to Hannah Smith for	$100.00
1	Wagon	30.00
250	Bushels corn at .75 cts per bushel	187.50
781 lbs	Bacon at 10 cts per lb.	78.10
20	Head of Shoats 50 cts each	10.00
1	Heifer for	5.00
1	Saddle Joseph P. Smith	10.00
1	Mule Wm Davis	50.50
1	Mare Joseph Morehead for	95.00
5	Head of Sheep A B Graham at $2.15 cts each	10.75
5	[Head of Sheep] H. Cockburn at 2.52 each	12.60
5	[Head of sheep] Wm Little [at] 2.06 cts each	10.30
10	[Wm Little] at 2.00	20.00
7	A B Graham at 2.00	14.00
44	Bushels of Corn I H Parsons at 1.70 pr Bu	74.80
1	Cow & Calf A M Wyatt for	25.50
1	Cow & Calf W. W. McMurray for	14.00
1	Cow & Calf W. W. McMurray for	18.00 ?

1	Ewe ? John Deel	11.00
	Amt carried forward	$782.05
	Amt brot [sic] forward	$782.05
1	Cow sold to Wm L. McMurray for	12.50
1	Cow sold to A B Graham for	13.25
1	Cow sold to Wm L McMurray for	13.00
1	Bull sold to John Deel for	12.25
1	Heifer sold to IN Smith for	9.50
2	Red Sears ? Sold to IN Smith	10.00
10	Yearlings sold to IN Smith at $3.75 each	37.50
1	Double Barrel Gun A I N Smith for	30.00
500 lbs	Fodder to Hannah Smith at 1.00 for 100 lbs.	5.00
	[total]	$925.05

The undersigned states that for all the above amounts he took the notes of the purchasers of the property due twelve months after date with such security as is required by law. He further states that after the filing of the inventory and appraisement of said Estate and before the day of said sale there were killed by Dogs and otherwise destroyed four head of the sheep. He further states that on the day before said sale was to take place he was enabled to gather and pen twelve head of stock cattle consisting of Cows and Yearlings, that owing to the fact that the weather was very cold and severe and he was not prepared to keep said Cattle up and feed them until he could get an order of Your Honor for the sale of them he sold said Cattle with the other property being satisfied that is would be for the best interest of the estate: That before he sold the Cattle he called upon Wm Bromley, Wm Little and Minor Anderson to appraise said twelve head of cattle and they did appraise them to be worth Eight dollars per head. He states that the regularly appointed appraisers of said estate to wit: Thompson Camp Geo H. Ramey and Bennett Boggess were absent was the reason that he called upon said Bromley Little and Anderson to appraise said property.

He therefore prays your Honor to receive said appraisement and confirm the sale of said property with the sale of the property regularly appraised and sold.

This day came into open court Henry M. Smith and made oath that the within and foregoing report of sales is correct to the best of his knowledge and belief.

Now comes the plaintiff by attorney & moves the Court to grant him a Judgment for the interest on the note ____ued __ow in this case upon the Special verdict rendered by the Jury on the 16^th day of the present Term of the Court & to correct & Amend

the judgment rendered on said 16^th day in this cause by adding ____ the interest accrued on said note which note being considered ___ by the court is granted. And is thereupon considered by the court that the said Plaintiffs recover of the said defendant, the sum of fourteen hundred & ninety one dollars principal money & the further sum of two hundred & fifty six dollars & eighteen cents interest making together the sum of Seventeen hundred & forty seven dollars & eighteen cents together with all costs in this behalf incurred for which let execution issue against the said H. M. Smith in his own right and that the Judgment be certified to the County Court as Henry M. Smith administrator as aforesaid and be paid in due course of administration.

I, John P. Grigsby clerk of the District Court within and for the County of Rusk do hereby certify that the above and foregoing is a true copy of the judgment rendered by the District Court of Rusk County on the 18^th day of the Spring Term 1855 in the case of Greenway Brothers & Co Vs Henry M. Smith in his own right as administrator of James Smith Decd also a correct copy of the costs as taxed in said cause as the same is of Record in my office.

Witness my hand and the seal of said court at office this the 12 day of Septr AD 1855.

And now comes the parties by their attorneys and the motion of the plaintiff and the clerk to amend the writ of Scise Facias [?] issued herein by fixing the seal thereto being presented it is ordered by the court that the motion be granted and the writ be amended by fixing the seal thereto as prayed and the parties having announced themselves ready for trial - defendants withdrew their answer and say nothing in bar or preclusion of plaintiffs cause of action. It is therefore considered and adjudged by the Court that the plaintiff John M. Rankin do have and recover of defendants Andrew J. Smith and Henry M. Smith administrator of the estate of James Smith Decd the sum of Eight Hundred and eighty four dollars and twenty cents principal of the note sued on and the sum of one hundred

and nineteen dollars and eighty one cents interest thereon making in all the sum of One thousand and four dollars together with all costs in this behalf expended : and it is ordered that execution issue against Andrew J. Smith one of the makers of the note for the amount of this Judgment and costs and it is further ordered by the court that this judgment as against Henry M. Smith stand against and be ranked as an acknowledged claim against the estate of James Smith decd to be paid and discharged in the due course of administration.

Filing suit	$ cts.10	Entering 1 order	.50
Docketing	.15	Entering motions	1.00
2 copies of petition	1.35	Recording judgement	.50
Alias A @ @	.65	Assessing Damages	.50
2 writs	1.00	Taxing costs	.25
Alias A	.50	Jury Fax Fee	3.00
Filing 11 papers	1.10	Issg. Fi Fa & recording return	1.00
2 appearances	.20	Certified copy of Judgment	1.00
Petition for Sci Fa	.40	Sheriff Barton' s Fees	1.50
Taking Bond	1.00	Sheriff Wright ' s Fees	2.00
		[total]	$18.70

County of Rusk I, John P. Grigsby Clerk of the District Court within and for said County do hereby certify that the above and foregoing is a true copy of the Judgement rendered as the Spring term of the District Court of Rusk County on the 17^th day of said Term AD 1855 in the case of John M. Rankin as Andrew J. Smith and Henry M. Smith administrator of the estate of James Smith deceased: together with a correct copy of the Bill of Costs in said case:=

Your petitioner Harrison Hobbs a resident citizen of the County of Rusk & State of Texas would respectfully represent unto your Honor that on the 18^th day of July A D 1854, he bought a certain piece or parcel of land from Gen James Smith in the town of Henderson Rusk County , Texas - described as follows a certain town in said town fronting the broad street running South from the Court House lying on the West side of said Street Known in the plan of said town as lot no (13) thirteen in block no. Eight (8) and

is bounded in the North by lot C Cheney live in the east by south street aforesaid South by an ally 27 feet wide & west by ally 27 feet wide. For which said lot Petitioner at the time of purchase obligated himself to pay so said Gen James Smith for said lot the sum of one hundred dollars in Carpenters work at the customary prices in Henderson and took the said Gen James Smith Pond for titles in the usual form for said lot. Your Petitioner would further state to your Honor that said Gen James Smith has departed this life & that his son H. M. Smith as been appointed his administrator & that [t]he petitioner has long since paid the full amount of the purchase or price for said lot.

Wherefore petitioner prays that as much as he has not title to said lot & he brings his said bond into court that said H M Smith administrator as aforesaid be cited to appear at the October term of your court and be ordered by you to make titles to said lot according to the obligations of said Bond and in duty bound Your petitioner will ever pray.

Know all men by these presents that I, James Smith of of [sic] Rusk am held and firmly bound unto Harrison Hobbs in the sum of two hundred dollars for the true payment of which I bind myself, my heirs, executors, administrators and assigns forever as witness my hand and seal this 18^th day of July AS 1854.

The condition of the above obligation is such that whereas the said James Smith has this day sold to the said Harrison Hobbs a certain town lot situated in the town of Henderson & Fronting the Cross? Street running south from the Court house - lying on the west side of said Street known in the plan of the town of Henderson as lot number (13) thirteen in Block No. (8) eight, and is bounded on the North side by the Lot on which C Chaney now lives on the East by South street aforesaid- South by an ally 27 feet wide & west by an ally 27 feet wide. For which said lot the said Hobbs is to pay to me the sum of One hundred dollars in carpenter work at the customary prices in Henderson -

Now when the said Hobbs shall pay off & discharge the sum of One hundred dollars by carpenter= s work to me then if I make to the said Hobbs a good & sufficient deed with covenants of warranty for said lot this obligation to be void else to remain in full force. B Witness my hand and seal the day & date above written.

County of Rusk Before me the undersigned authority this day personally appeared Webster Flanagan to me well & _______re and after being duly sworn on oath says that he saw James Smith sign the written & foregoing Bond and acknowledged his signature thereto to be for the purposes & considerations therein expressed and that he signed as a witness at the request of the party making it.

Given under my hand and seal of office at office in Henderson the 29^th day of Oct AD 1855

Order Oct. T 1855 And now at this term of the court petition of H. Hobbs praying that Smith administrator of said estate may make him title to certain Lot on pa ? of land in the town of Henderson, coming on to be heard B It is ordered by the Court that the said Administrator make to the said H. Hobbs a B be ___ piece or parcel of Land in accordance with the Bond of his said Intestate.

This day came the parties by their attny and by their agreement it is considered by the court that the plaintiff of the Defendant Henry M Smith as aforesaid and Of James Smith Decd of James Childress Henry M Smith securities on a Certeorari ? Bond the sum of Eighty Six dollars and a half cents together with all costs of suit for which let execution as to James Childress and Henry M. Smith in his own right and that Judgement be certified to the county court as to Henry M. smith as admnr to stand as an accepted claimto be paid in due cours of administration.

[I did not transcribe because it is much the same as the other lawsuits] totaled $30.85

I, John P. Grigsby Clerk of the District Court within and for said county do hereby certify that the above and foregoing is a true copy of the original rendered on the second day of the Fall Term A D 1855 as the same is of record in my office - also of the bill of costs as taxed in said cause.

Witness my hand and the seal of said court at office this the 3^rd day of January 1856.

filing suit 10 c	Docking 15 c	3 copies of Petition $2.40	= $2.65
3 Writs $.50	Copy of Per for Sci Fa 75 c	Issuing Scr Fa $1.00	$3.25
2 Appearances 20 c	Filing 13 papers $1.30	Taking Bond $1.00	$2.50

Entering 2 orders $1.00	2 motions $1.00	Jury & verdict 50 c	$2.50
Recording Judgment 50 c	Taking cost 25 c	Jury fee $3.00	$3.75
Fe Fa & recording return $1.00	Shffs fee - Wright $2.00		$3.00
Shff Barton $ 1.50	Copy of Judgment 75 c		$2.25
		[total]	$19.90

250 ft Flowern - 3.50 per square	8.75	To taking up and moving old flower	1
250 feet of framing 125 per square	3.12 2	To putting down wash board	1
to moving 3 bolton doors & ___ table doer[sic]	9.00	to sawing of columns
to hanging 4 doers 50 cts each	2	190 feet ruff flowering 150 per 89	2
to casing 3 doers 50 cts each	1.5	to taking out & puting [sic] under new sill under house	5
to putting down one carpet sill	.50	to hanging one door & carpet sill	7 ?
December: to running steps --	2.75	to making one door fraim [sic]	5 ?
To makiing and hanging door to seller	3.00	to making one baltom door	2
August 4^th 1855: Paid H. M. Smith corporation	2.50	to casing up door	3?
To repairing old house	2.50	to moving 3 window & hanging	2 ?
Sept: 600 feet of flowern_ 3.00 per 8 quan	9.75	to mending table & fixing well	2