|
|
|
|
I went to Gonzales County and made copies of all of the probate papers on Jesse McCoy. He had not made a will. The following is the transcript that I made from the papers. Many of the words are spelled differently than is correct now, but I have typed them as they were written. What follows is my transcriptions of all the papers in the probate file from the Gonzales County, Texas archives. The papers are hard to read, but have a wealth of interesting information. See 4 of the pages which I scanned. The first 2 pages concern the payment to his widow, Kitty McCoy. (The original of the first paper (20 Dec 1837) entered below.) The second 2 pages are the back & front of a paper filed concerning Jesse's land. Read the transcription. Paper dated 20 Dec 1837 – stamped with “REPRODUCED FROM THE HOLDINGS OF THE TEXAS STATE ARCHIVES”Be it resolved by the Senate and House of Representatives of the Republic of Texas in Congress assembled that the first Auditor is authorized to audet the claim of Widow Kitty McCoy as per vouchers of Byrd Lockhart, and Colonel Wm. Patton for Beef, and corn, valued at three hundred and seventy eight dollars, in military Scrip Joseph Reeve, [On back paper reads;] $378 Dec 20 1837 Paper dated 8 May 1838To the Hon Judge of probate for the county of Gonzales your petitioner would respectfully represent that he is Desirous of attaining letters of administration on the estate of his Deceased Brother Jesse McCoy who Died intestate in the spring of 1836 your petitioner being one of the heirs considers himself entitled to the administration having in view no other object than the securing the estate for the benefit heirs for which your petitioner will ever pray given under my hand this eight May 1838 Daniel { X } McCoy Having Read the foregoing petition it is ordered
that B D. McClure Judge [Typed down here is:] Proof that the Jesse McCoy, who fought and died at the Alamo is the son of John McCoy Sr. and the Brother of my Joseph Hill McCoy! Paper dated June session 1839Republic of Texas June The petition of Thomas Matthews praying to be appointed administrator on the estate of Jesse McCoy respectfully represents unto your Hon. Court that he has been requested by the heirs of said estate Daniel McCoy and Louisa Matthews to take out letters of administration and settle up said estate wherefore your petitioner prays that after legal notice is given letters of administration may be granted to him on said estate and your petitioner as in duty &? &n Thomas Matthews by his atty WW. T. Smith Undated paperRepublic of Texas The petition of Wm A Matthwes respectfully represents that your petitioner had property in common with the successior of Jesse McCoy deceased having purchased the share of one brother, one sister and one half brother in the decedents headright Your petitioner is anxious that his interest in the same may be designated and therefore prays that your honorable court may cause a writ of partition to issue in the terms of the law And as your petitioner has been informed & believes that same persons entitled to a distributive share of said succession reside beyond the limits of the Republic he therefore prays that an order of publication be made commanding them to appear at such time as your honorable Court may direct and answer this petition and that all other persons interested or in possession of said land be summoned to apear at the same time and shew cause why the prayer of your petitioner shall not be granted James & Dan ?erlip [On back of paper reads:] Wm A. Matthews asignee Petition for partition Ordered that the usual publication be made in the Austin city Gazette requiring Margaret McCoy-Timothy McCoy & the heirs of Thomas McCoy to be and appear in person or by attorney at the Probate Court to be held in Gonzales at the 4th Monday in April & shew cause if any they have why the hjeadright ¼ league of land of the Es. Of Jesse McCoy decd. Should not be partitioned according to the petition to the plaintiff. Also ordered that Daniel McCoy. Louisa Matthews. John McCoy & the heirs of Samuel McCoy & the heirs of Joseph McCoy be cited to appear at the same time & shew cause why the prayer should not be granted Edm Bellinger. Probate Judge Wm A. Matthews Paper dated 27 August 1839Republic of Texas Gonzales County Know all men by these presents that I Almond Cottle principal & Eli Mitchell & Valentine Bennett Securities are held and firmly bound to James Campbell Chief Justice in and for the County of Gonzales or his Successors in office in the penal Sum of Five thousand Dollars Lawful money of the Republic. The Condition of the above obligation is such that the said Almond Cottle has been appointed the administrator on the Vacant Succession of Jesse McCoy late decd Now therefor if the said Almond Cottle does in all things according to law on the administration of said Estate then & in that case this obligation to be of none Effect otherwise to Stand & Remain in full force power & Virtue in Said Given under Our hands and Seals this 27th day of August A D 1839. Almond Cottle seal I do Solemnly Swear that I Will do and perform in all things to the best of my Will and Judgmt (sic), in Accordance With the Law, as Administrator of Jesse McCoy late decd. This 27th day of August 1839, So help me God. Almond Cottle Paper dated 4 March 1840 – Reproduced from the holdings of the Texas state archivesTHIS CERTIFICATE Entitles Jese McCoy to pay from the date of the last payment made him, to 6th March 1836, as a Private in Lieut. G.C. Kimble’s Co. ( ) _____________ Regiment of ____ He entered the service in the Republic of Texas on the 24th day of February, 1840. Joseph D. Clements is entitled to receive his pay as atty. of Almond Cottle Admin of Jese McCoy Decd. WAR DEPARTMENT, [Signature} Act. Secretary of War. __________________________ Intelligence Office, Houston.
Recvd March 5th 1840 of Charles Mason first auditor a draft on the Treasurer for this? 2%? Dollars J.D. Clements 5 3.26 Paper dated 1st May 1840Republic of Texas County of Gonzales Know all men by these presents that I Alfred Kelso - as principal and Andrew Neill & Matthew Caldwell as Securities are held and firmly Bound unto Edmund Bellinger Chief Justice in and for said County or his Succesor in Office in the penal Sum of Five thousand Dollars Lawful money of the Republic to the payment of Which we bond our selves heirs Executors and administrators firmly by these presents. The Condition of the above Obligation is Such that the said Alfred Kelso has been appointed Administrator of the Vacant Succession of Jessee McCoy deceased. Now, therefore if the said A Kelso shall Well and truly do and perform in all things relating to said administration, to the best of his skill and judgment according to Law. Then this obligation to be null and Void otherwise to Stand and remain in full force power and Virtue in Law. Given under Our hands and Seals this 1st day of May, A.D. 1840 Alfred Kelso L.S. Do you Swear that the deceased died Without any Lawful Will as far as you know or Believe and that you Will well and truly Administer all and Singular the Succession of the said decd. And return a true inventory thereof So far as the same may Come to your Knowledge and a Just account of Sales and of your Administrations as required by Law. So help you god. This 1st Day of May A.D. 1840 Sworn to before me Alfred Kelso [Back of paper reads:] Bond of Adm. Paper Dated 15 June 1840Republic of Texas Gonzales County June 15th 1840 Know all men by these present That I Thomas Matthews of the County aforesaid have this Day Bargained and sold to Green McCoy all my right and claim and interest to a certain tract or parcel of Land laying on the East side of the Guadalupe River Fifteen Miles Below the Town of Gonzales Known as the headright of Jesse McCoy deceased. The said land is the undivided Share Falling to Me by inheritance inconsequence of my Marriage to Louisa McCoy Sister of the said Jesse McCoy the Quantity of Land is one Eighth of the quarter of a League or One hundred and forty Seven Acres. More or Less and Thereby bond myself my heirs and assigns my Executors And Administrator ?tastshe? to the Said Green McCoy a full and Complete title Whenever Eon the said land shall be divided among their said al heirs (Signed) Thomas Matthews This is to certify that I Louisa Matthews Wife of the above Thomas Matthews of my own Free Will for and in consideration of Four hundred and fifty dollars paid to the Said Thomas Matthews do hereby obligate and Bond my self my heirs Executors and administrators to all and to do all that is Covenented in the above Obligation in the part of my Husband Thomas Matthews in making and per??cting the complete title of the above mentioned Land. To the Said Green McCoy. In Witness whereof I have here unto Set my hand and Seal the day and year above Written Witness her Louisa X Matthews Phillip Steffs. Personally came before me in of Lambert Smith and Phillip Steffe attesting/Certifies to the foregoing instrument and states under Oath that they Signed their names to the same and at the Same time Thomas Matthews and Louisa Matthews Subscribed their names and scknowledged that they done the same for the true intents and meaning ?rocess? Expressed. Given under My hand and private Seal having no Seal of office this 3rd day of Jul A.D. 1840. E Williams Cty clk Paper Dated June term 1840Republic of Texas In Probate Court Gonzales County June term 1840 To the Hon. Edmond Bellinger chief justice of the county of Gonzales- Alfred Kelvo administrator of the estate of Jesse McCoy respectfully represents unto your Honor that it will take as your petitioner believes about two hundred and fifty dollars to settle up said estate and therefore prays the sale of property sufficient to pay said debts Alfred Kelso [Back of paper reads:] Alfred Delso adm. Paper Dated 4 August 1840Appraisd (sic) Inventory of the estate of Jesse McCoy, made by the undersigned, appraisers appointed by the Honorable Probate Court, on the 4th day of August, 1840, as submitted to us by A. Kelso, sheriff and administrator on said estate An augmentation and bounty land certificate No 9476. For 1920 acres, appraised to 10c per acre $192.00 A Donation land certificate No. 1027 for 640 acres ap- Praised to 10c per acre 64.00 An augmentation land certificate issued by Board of land Commissioners for Gonzales County, on the 27th day Of November, 1839, No. 129. Class 1st appraised At 10c per acre three hundred & sixty nine acres 36.90 A note on A.McClure, due July 26, 1835 for $25.00 on Which credit appears to the amt. Of $19.00 6.00 A note on Richd. Andrews for $70.00 due Oct. 12 ’35 70.00 A note on Jn. E. Garvin for $14.50 due August 1835 14.50 A certificate of Edwd. Burleson for a claim on The Govt. for a yoke of oxen valued At $60 dollars 60.00 All which is respectfully $443.40 Submitted by the undersigned [On back paper reads:] ordered to be recorded & filed Appraisement of the estate of Jese
McCoy Paper Dated 5 August 1840Account Sales of property ofe Est of Jessee McCpoy decd 1840 August 4th Certificate 640 acres sold to And.w Neill @ 13 cts 83.20 “ “ Certificate 1920 acres sold to Edm. Bellinger @ 13 cts. 249.60 “ 5th Certificate 369 acres sold to W.W> Alsbury @ 10 ½ cents 28.74 ½ I certify the above to be correct 270.54.1/2 Edm Bellinger Probate Judge Gonzales August The above is correct [On back paper reads:] Accpt Sales Paper Dated 25 April 1842Republic of Texas April Term of Probate Court 1842 VS the heirs of Jesse McCoy decd. By Petition, In this case. The petioner Wm A Matthews by petition Prayed the court to grant and order for the division of One quarter League of land belonging to the Estate of Jessee McCoy decd. Situate on the Guadelupe River Below Gonzales. And it appearing to the Court that due and legal Notice having been given by advertisement in a Public Gazett. And Timothy McCoy-Thomas McCoy and a half Sister of the decd. resideing (sic) beyond the limits of the Republic Not appearing to answer the Plantifs Petition-The Court therefore appointed Archibald Jones, Guardian Adlitern to defend the interest of Said absentees in the Partition prayed for. And it being Shewn that the Petitioner William A. Matthews is Entitled by Conveyance duly made and recorded, to the distributive shears in the decedents headright quarter of a League of land.- of Louisa Matthews. John McCoy-And to one hundred and thirty Eight and three Sixteenth acres. Out of the distributive Shear-(or portion) of Daniel McCoy Amounting in all to five hundred and fifty three acres, and a half acres. And it appears, that further, that Daniel McCoy being entitled to two hundred and Seven and 9/16 acres being the residence of his distributive Shear, And that Samuel McCoy.-Timothy McCoy-And Thomas McCoy the Successors of Joseph McCoy and a sister unknown to the Court by ?marriage? are entitled Each to 69 3/16 acres. It is therefore Ordered And Turn Over— Decreed by the Court that Arthur Swift-Henry McCulloch and Daniel Burket be and are appointed Commissioners to make the Partition prayed for in the Terms of the law – and Report – their proceedings at the next Term of the Court, Given under my hand and private Seal having no Seal of Office Done in the Town of Gonzales this 25th Day of April A.D. 1842. Ezekiel Williams Clerk Of the Court of Probate G.C. Paper Dated 22 July 1842 – There is a drawing of the acreage divided in two parts at the top of the page.Republic of Texas Gonzales County We a majority of the Commissioners appointed at the April term of the Probate court for the county afforesaid to make a partition of the headright quarter of a League of Land of Jesse McCoy deceased hereby report that we have divided the afforesaid quarter of a League of Land into two equal parts assigning to William A Matthews the lower half being the amount to which he is entitled as assignee of the distributive share of Louisa Matthews John McCoy and 138 3/8 acres out of the share of Daniel McCoy, the division of which will fully appear by the field notes and plat of said survey herewith annexed the remaining half of said Tract out of which Daniel McCoy is entitled to Two hundred and seven & 7/16 acres of Land and Samuel McCoy Timothy McCoy Thomas McCoy the heir of Joseph McCoy and a half sister of the deceased [On back of paper reads:] unknown to the court is entitled to 69 3/16 Acres each cannot in the opinion of the undersigned by divided without manifest injury to their interest wherefore the undersigned certify it is their opinion that it would be more advantageous for all parties that one of the above distributors should take all the share of the others by paying at the rate of one Dollar and fifty per acre for the ?Acres? or otherwise that the same should be sold at public auction for the benefit of all entitled and the proceeds of said sale to be distributed according to the interest of each Witness our hand and seal this the 22nd day of July 1842 A. Swift his Sworn to and subscribed David X Burket Before me the day and date mark Above written Edm. Bellinger Chief Justice Gonzales Co. Paper Dated 15 August 1842The division of one fourth of a league of Land situated on the NE bank of the Guadalupe river below the Town of Gonzales Known as survey No 5 in clap No 1 granted to Jesse McCoy as his headright as agreed upon by the commissioner appointed at the April term of the Probate court AD 1842 to divide said Land between William A. Matthews and the heirs of said Jessee McCoy decd. Beginning at the lower corner of said one fourth of a League survey No 5 in ClapNo1 running thence with the lower line said survey [Then follows the survey notes which I am not reproducing] to the place of beginning Containing five hundred and fifty three acres and one half. Surveyed by me June the 3rd 1842 S Cockral GW B Summano Charimen A ????? [On back paper reads:] Ordered that the report of the commissioners be approved and recd and recorded and filed and also the field notes July 25th Edm. Bellinger
No. 26 The division $17.50 W.A Matthews $17.50 paid August the 15th 1842 Recorded in Probate Recd. Gonzales
County in page 425-26 & 27 &28 of said Book by me E. Williams S swift 2 days $5 each $10.00 17.50 Paper Dated March Term 1849The State of Texas Gonzales County County Court March Term 1849 To the Hon. C.C.Dewitt Chief Justice of said county. A Kelso adm of Jesse McCoy deceased represents to the court that there is a Land certificate for 369 acres a Headright augmentation of deceased which being once sold the purchasers proved insolvent and the certificate being recovered he prays for an order of court to sell the same for cash to enable him to close the Estate as it is the only unsettled matter now belonging to the Estate as far as is known to petr.[petitioner] for which he will ever pray A Kelso adm Of Jesse McCoy decd. Paper Dated 29 March 1849Administration Sale By virtue of an order of the county court of Gonzales county at the March Term 1849 I will sell for cash at the courthouse door in Gonzales on Saturday the 7th April next the augmentation headright of Jesse McCoy decd. For 369 acres sale on their lawful hours- Kelso adm of Gonzales March 27th 1849 Jesse McCoy decd [Back of paper reads:] Notice of Sale of 389 acres Certificate by adm. Paper Dated 30 May 1849The State of Texas County Court ? April Term 1849 The undersigned administrator of the Estate of Jesse McCoy deceased returns into court the account of sale of Land certificate for 369 acres the headright of deceased granted in Gonzales County sold by order of Court of date March 27th on the 7th day of April 1849 to H. Chenault for the sum of Ten Dollars $10.00 Sworn to & subscribed before
me this 24th day of April 1849 [On the back reads:] Sale Bill Paper Dated 27 May 1850The County of Gonzales In County court Your respondent A.Kelso admin upon the Estate of Jessee McCoy decd in answer to the citation in this cause if-- would respectfully represent that all the papers in the matter of said estate are in the hands of A. Will Est and that all his vouchers are also in his house of said Will and he is infirm & being that the said Will is sick and that he cannot get to this court & without the said papers he cannot settle the said Estate or make an exhibit of the situation of the same and he preys further time to settle the said Estate & that this court be continued until the next turn of this court Subscribed and Sworn to Alfred Kelso Ordered that Said adm have further time to close
Said Estate May 27th 1850 [On back paper reads;] Exhibit Paper Dated 26 Nov 1850Estate of Jesse McCoy in account with To paid M. Williams amt voucher No. 1 $96.00 To paid Geo. W. Davis Admt. amt voucher No. 2 38.20 To paid J.S. Martin aut amt voucher No. 3 24.69 To paid E. Bellinger P.Judge amt voucher No.
4 21.47 To paid Cert. Of P. Court Clerk fee amt voucher No. 6 To paid S.B.Conley atty fee amt voucher No. 7 10.00 To paid Chief Justices fees amt voucher No. 8 To paid A. Swift for partition of estate 36.
Your petitioner admr. When the estate of Jesse McCoy decd. files the above as his final amount & prays that he be allowed to close said estate at the next Term of said court and that one publication be move & and he will ever pray A. Kelso adm Gonzales Nov. 26, 1850 of J. McCoy’ Estate [On back it reads:] Filed Nov. 26th 1851 F.Chenault Estate of J.McCoy Kelso final Acct as adm Continuece Febry Term/ 51 Paper Dated 5 May 1851The State of Texas You are hereby commanded to cite Alfred Kelso Administrator of the Estate of Jessee McCoy decd to appear at the next Term of the County court of Gonzales County to be holden at the court house in the Town of Gonzales on the last Monday in May 1851 and shew cause why said Estate should not be closed. Herein fail not & make return of this writ to the said May Term of this Court (By order of the court) Witness F. Chenault Clerk of said Court
|
|
|