Tarrant County TXGenWeb

Early Probate Records

Estate of Thomas D. Woodward, Deceased

Mary D. Woodward, relict of Thomas D. Woodward, dec'd, relinquished her right of administration in favor of James H. Hughes and requests that letters be issued to him. Filed 28 Apr. 1856.

Bond of James H. Hughes, admr; $5000. Sureties: John A. Hust and T. J. Andrews. Approved 28 April 1856.

Appointment of Wm Chilton, D. C. Lane, and J. M. Lucky to appraise the estate of deceased. April term 1856.

Inventory and appraisement of the estate on 21 May 1856 included: horse; 7 cows; 4 books; 5 medical journals; glass syringe; 1 probe; 2 3/4 acres land adjoining Birdville; 2 lots in Block 18; and 1 lot in Block 19. Total value: $539.50. Notes and accounts were due the estate by the following persons:
 

R. B. Higdon	Isham Wallace	W. H. Clanton
Jas. W. Lane	B. C. Barkley	Bufford
Chas. C, Lacy	Julius McKinney	Wm. Bosson
P. M. Truitt	W. Chilton	Mr. Baker
Mr. Brewster	Mr. Friths	Mr. Smith
Beeler	Hardisty	Mr. Teter
Mr. Culver	M. T. Johnson	Solomon Wise
Jasper Dalton	Lane	A. G. Walker
Mrs. Dillard	Olinger	Mr. Wilson
Dr. Frearee	Saml Peyton	Alfred Watson
Saml Freeman	Peter Sowell	J. C, Owens
Mr. Estes	Saml Smith	Israel Cox
"One receipt on L. J. Wilson for collection of a note on James Thomas and J. M. Lucky."

Buyers at sale of property on 5 July 1856: H. J. Fairly; John Middleton; J. E. Hood; Wm Quayl; Capt. Quayl; B. P. Barkley; V. Chilton; and Harbenger. Filed 28 July 1856.

Affidavit of James H. Hughes that a certain note of hand executed by him to T. D. Woodward for the sum of twenty five hundred dollars is justly due the estate. Mary D. Woodward, widow ... has the possession of said note and refuses to give up said note or to have the same inventoried. Sworn before S. Gilmore, C.J. Filed 29 Dec. 1856.

Shelbyville, Texas. July 21, 1855.
Joseph Parker
Dear Sir please pay the bearer ... the amount of money I loaned you in New Orleans and this shall be your receipt for the same and oblige....
S/ A. M. Tunt [Lunt?]
Protested May 2, 1857. J. R. Parker.

Account with J. H. Hughes. Dec. 1, 1854 - Feb. 17, 1855.
Note on E. F. Wells, buggy and harness, etc., assumed for Duff; Feb. 17. Amount paid Hardisty for coffin; 8 months room and board for self and family. Allowed 5 May 1857 by John Farrar and Isaac G. Bowman, Co. Comrs and acting Chief Justices, T.C.
 

Notes and Accounts due estate of Thomas D. Woodward:
-	Mr. Lane, for medicine.
-	A. G. Walker, for visits to son and wife, and consultation with Dr. Wallace, July - Sept. 1855.
-	Mr. Brewster, for visit to wife and for medicine. Feb. 6 and 7.
-	Mrs. Dillard, for visits July 1855.
-	Henry Hardesty (who came into court and protested the account, he having paid the sum to Thomas D. Woodward in his lifetime).
-	Note signed by J. C. Own [Owen] in favor of John W. Duff, and transferred by Duff to Woodward.
-	Mr. Estes, for visit and prescriptions for himself and wife at Mrs. Rodgers, July 27, 1855.
-	Mr. Baker, for visit and prescriptions, "at Mrs. Rodgers."
-	Mr. Teter, for 1 btl Bitters, Aug. 1, 1855.
-	Mr. Culver, for medical services rendered family.
-	Willson, Sr., for 1/2 gal whiskey by W. Anderson and 20 grs. quinine. Sept. 16, 1854.
-	James W. Lane, note dated 13 Oct. 1855.
-	Isam Wallace, note dated 2 November 1855 assigned to John W. Duff and Joseph Owens, and in turn assigned by Duff to Thomas D. Woodward on 28 November 1855.
-	R. P. Higdon, note dated 31 December 1855.
-	Thomas (X) Dalton, for visits to wife in July, August, and November. On 6 June 1857 Thomas Dalton made affidavit that the account is unjust according to an agreement between the said Woodward and the said Dalton.
-	Samuel Freeman, for pills and whiskey on 21 August 1855.

Accounts against the estate presented and accepted to 11 March: Jessee Doss account; James Johnson; W. M. Rice & Co., note; M. Goodwin account; M. T. Johnson presented an account-rejected; A. G. Watson swore off his account; Bufford sued judgment rendered; M. T. Johnson sued swore off his account; J. T. Morehead for 3 deeds to town lots; advertisements in the Dallas Herald; T. J. Morehead, office fees; H. J. Fairly; W. S. Suggs for defending against M. T. Johnson; paid J. Harrison cost of sutes. [In addition the accounts of the following persons are reported in the annual exhibits presented by the administrator for the years 1856, 1857, and 1858: B. C. Babb; J. C. Lane; D. C. Lane; Mr. Smith; B. B. McGuinn; J. C. Penn ?; and J. H. Hughes, note.]

Petition of James H. Hughes, admr, by E. Hovenkamp, his atty., to sell three town lots in the town of Birdville, and also a house and 3/4 acres land upon which it stands, said property being in the vicinity or -adjoining the, said town of Birdville. He states that the estate is indebted and that the widow has never been provided for. June term, 1857. Filed July 1, 1857.

Bill of sale on the property sold September 1, 1857. A 2 2/3 acre lot adjoining the town of Birdville on the east was sold to D. C. Lane. Lot No. 1 in Block No. 18 of said Town Plat was sold to A. D. Johnson; Lot No. 1 in Block No. 19 was sold to J. C. Holeman. Filed 28 Sept. 1857.

Petition of Mary D. Woodward, a resident of Ellis County, complaining that James H. Hughes, admr and resident of Tarrant County [has done] great wrongs and injuries to wit, first, the inventory is not complete, for on the 1 day of January 1856 or about that time said James H. Hughes became indebted to your petitioner's husband ... in. sum of twenty five hundred dolars for which he gave his promissory note described in copy below as follows .... on or before the first day of July next I promise to pay T. D. Woodward ... twenty five hundred dollars.... Dated January 19, 1856, and signed by J. H. Hughes. The note has never been paid ... should have been included in the inventory.... Petitioner further complains that no property has been set apart exempt front sale for her benefit ... such as her homestead.... She further represents that the bond of, Jas. H. Hughes as admr is insufficient as one of the securities, to wit, J. T. Andrews, has moved out of the State of Texas. Filed 9 April 1859.

27 June 1859. Mary D. Woodward, by her attorneys, Fearris and Bradshaw, excepts to the report filed May 30, 1859, by admr. for final settlement. The "same is so ragin [?] and informal that this court cannot nor will not take further cognizance therefor...." She prays judgment of the court that admr be required to restate his account. And for special exceptions ... said administrator in accounting to the estate for a note of twenty five hundred dollars against J. H. Hughes had not accounted for any interest.

On same day Mary D. Woodward, widow of T. D. Woodward, deceased, represents that notice was given to the administrator that the order made at last term for a pro rata payment to the creditors would be contested and not to pay out money on said order. She now moves the court to set aside the order, as the court has not set apart for the widow and her child the property exempt from forced sale....

Application of Mary D. Woodward, by J. W. Ferris, Atty, for private payment. She states that no allowance has been made under the statute to her and her child Alice in lieu of property exempt from forced sale.... She claims $750. At the last term of court it appeared that there was a large amount of money on hand to be paid out. An order was made by the court for all of the funds on hand to be paid out to the creditors making 70 1/2 cts on the dollar.... Under said order no money was paid out by said administrator until after notice given him that application would be made to change or set aside the order.. . He has paid no money since said order on the claim of Rice & Co.... He has made payments to or in other words credited claims of his own.... Petitioner represents that said order was made for payment of an amount too large by $750 and she moves the court that the same be set aside and an order be made to prorate payment after allowing her said homestead allowance. Filed 28 June 1859. [In a somewhat briefer paper filed June 27, Mary's attorneys state that she has not resided in this county (Tarrant) since the death of her husband.]

Exception of Mary D. Woodward to the report filed 28 June 1859. 1st, to interest at 8% for three years due on the note of said Hughes; 2nd, said Hughes charges 5% commission on his own note [for collecting it]. She prays that his commission be reduced to the 5% in cash which he actually received and paid out. Filed 28 June 1859.

Answer of J. H. Hughes to application of Mary Woodward to have the property of estate exempt from forced sale set apart to her use. He states that more than two years have elapsed since the Inventory, and pleads the statute of limitations of two years. S/ Lewelling for Hughes. Filed 28 June 1859.

Appeal bonds of Mary D. Woodward to District Court (three in number]. Securities: J. W. Ferris, William Moseley, and Joshua Hanly.

District Court. Summer Term. June 26, 1870. It was ordered that (1) the order of the county court ... for pro rata payment of creditors be set aside. Admr was ordered to proceed to make pro-rata payments to creditors of all funds and assets on hand after paying to Mary D. Woodward her homestead allowance; (2) that order of county court refusing to make the homestead allowance be set aside, and that the sum of $750 be set apart and allowed in lieu of the homestead and property exempt from forced sale; (3) that the order of the county court made at the June term 1859 refusing to correct the account of administrator for final settlement be set aside and that said administrator be required to restate said account allowing intrust on the note due from him to said estate from its maturity to the time that he reported the same as cash on hand. [James H. Hughes did not appear in court.] Filed 11 August 1860.

Petition of Mary D. Woodward who is the widowed wife of T. D. Woodward Deceased comes by Atty and complains of James H. Hughes who is the admr ... and saings that the Honorable District Court of Tarrant County at its June Term 1860 ordered that the sum of seven hundred and fifty dollars be set aside in lieu of the Home Stead and property exempt from execution ... says that the said James H. Hughes is not a resident citizen of this State and asks the Court to remove the said Hughes from the administration ... without notice and this Plaintiff have execution against the same Hughes for ... seven hundred and fifty dollars for the use of her the said Mary D. and her child Alice.... S/ Mary D. Woodward by Atty J. W. Oliver.
 

Vouchers showing payments made by estate of T. D. Woodward:
-	to Jessece Doss.
-	to Latimer & Swindell, per J. W. Latimer, for advertising notice of Letters of Admr June 14, 1856. Dallas, July 3, 1856.
-	to W. S. Sugg, for "my fee in the case of M. T. Johnson vs said Hughes as admr of said estate."
-	to Jonas Harrison, J.P., in the causes as follows Johnson & Woodard, Alfred Watson & Woodard, ______? P. M. Truit.
-	to J. H. Hughes. Account from Dec. 1, 1854 - Feb. 17, 1855: Note on E. F. Wells, buggy and harness; [account for fabrics] assumed for Duff; Feb. 17 - amount paid Hardisty for coffin; 8 months room and board for self and family. Allowed 25 May 1857 by John Farrar, Isaac G. Bowman, Co. Comrs and acting Chief Justice TC.
-	to Mary M. Hughes, for amount invested in Grocery Dec. 25, 1854; one note on Evens; one note on John Burton. Proved in open court by oath of W. H. Calloway 25 May 1857.
-	to Isaac G. Bowman, Comr and acting Chief Justice.
-	to Beelers Drug Store at Dallas, for 1 1 Massies? Eclectic? South Practice - $4.00.
-	to J. A. Hurst, for state and county taxes, 1855.
-	to Wm. M. Rice & Co., on account. S/ J. W. Cruger, per Wm. M. Rice & Co., June 3, 1858.
-	S. Gilmore, C. J. per B. B. McGuinn CTC. 1859.

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