Probate Actions concerning esteate of George Pierce

Probate Actions concerning esteate of George Pierce Summary of Numerous Probate Actions concerning estate of George Pierce

440
Estate of George Pierce
The State of Texas
County of Rusk

To: the Honor John C. Miller, Chief Justice in and for the said county of Rusk.
Your petitioner a Resident citizen of the county of Cherokee respectfully makes known unto your honor that George Pierce who was a resident citizen of the county of Rusk lately departed this life intestate. and petitioner further shows that deceased did popiped of a considerable amount of property consisting of some thirteen slaves, one tract of land containing six hundred and twenty, 620 acres. The same on which he lately resided -- besides a quantity of personal property consisting horses, cattle, hogs and faming utinsils. and petitioner further shows that his mother is still living who is very aged some eighty years of age and is entirely incompeent to attend to the interest of said estate. And in as much as she is this incapacitated from age and much of the property is of a pershable nature and needs immediate attention. Petitioner prays that you will appoint him Administrator Pro tem so that the property can be properly attended to. Such gatherings the crop of corn, getting the stock together, likewise to sell the persibal property. that may be likely to waste in accordance with laws. Petitioner further shows that all the heirs are of age and the object is of all to close up said estate at the earlist date so as to make a satisfactory division which may require an order at a future day to sell all of the real estate pertaining to said estate issue all which is respectfully submitted and prayed to be approved.
Lewis V. Flanagan, atty for Pet.

The petition of David Pearce for letters pro, tem, administration, Esate of George Pearce. Filed Sept 30th 1854.
Jifmau CoaRushco

The State of Texas
County of Rusk
To the Honor John C. Miller, Chief Justice in and for said county of Rusk.

Sir, This is to inform you that I desire that my son David Pearce shall be appointed adm of my late husband George Pearce Reliquishing my right. Respectfully yours,
This 30th Sept 1854 Elizabeth Pearce
(Her Mark)
Test.
J. W. Flanagan
W. C. Churchwill
Estate of George Pearce deceased Widows Relinquishment, Filed Sept 30th 1854
Jeffmau Ceekustiaz

Notice
Where as David Pierce 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 George Pierce deceased.
441
Estate of George Pierce
Notice is therefore humbly given: To all persons interested in said estate to be and appear at the next term of the count court of Rusk County petaining to the estates of deceased persons go to be holden on Monday the 30th day of October AD1854 at the court house in the Town of Henderson, the County seat of said County, thu and there to show cause if any they can why said application should not be granted. Hernderson Oct 18 1854.
Jeffmau Ceekustiaz

Estate of George Peirce, deceased. Notice filed Oct 30th 1854.
Jeffmau Ceekustiaz

Order Sept 30th 1854
State of Texas
County of Rusk
Probate Court in Vacation Sept 30 1854. and now comes David Peirce and files his petition praying to be appointed Administrator pro tem of the Estate of George Peirce, Deceased and with said petition filed the relinquishment of the widow all of which being considered of by the court. It is ordered by the court he be appointed administrator pro tem of said Estate upon his giving Bond in the Sum of Twenty thousand dollars, conditioned, as the law requires and that letters issue.

The State of Texas
County of Rusk

Know all men by these forsuits that Mr. David Peirce as principal and as his securities are held and firmly bound unto the Chief justice of said County in the full sum of twenty thousand dollars for the payment of which sum orill and truly to be made, no buids our selves our heirs, administrators and assigns jointly and severally firmly by these pursuits, signed with our hand and sealed with our seals (The Seals bring de____ ________, this thirteenth day of September AD1854. The conditions of the above obligation is such that whereas the above bound David Peirce has been appointed by the Chief justice of said County adminisrator of the Estae of George Peirce deceased. Now if the said David Peirce shall will and truly perform all the duties required of him under said appointment, thuo this obligation to be Null and Void otherwise to remain in full force and effect.
David Peirce (His mark)
I approve this bond Sept 30th 1854 Riley Perce (His mark)
John C. Miller John Peirce (His mark)
Chief Justice James Peirce(His mark)
W. C. Churchwill
Rusk County Texas
I David Peirce do Solemonly swear that George Peirce died without leaving any lawful will so far as I know or believe and that I will ____ and truly perform all the duties of Admnstrator of the Esate of the Said George Peirce deceased to the bvest of my skill and ability, so help me God.
Sworn to and subscribed before me this 30th day of David Peirce (His mark)
Sept AD 1854 John C. Miller, Chief Justice
442
Estate of George Peirce
Estate of George Peirce, Bond, Filed Sept 30th 1854
Jeffmau Ceekustiaz
The State of Texas
County of Rusk In County Court Sept 30th 1854.
That all to Whom these presents Shall come, know ye, that David Peirce having filed his petition in the Office of the Clerk of the Count Courts

Summary of Probate Action for Estate of George W. Pierce
Probate Case 384

Date: 20 Sep 1854, Page 440
State of Texas
County of Rusk
Application for appointment of Administrator Pro Tem of Estate
Petitioner: David Pearce, Resident of Cherokee Co. TX
George was a resident of Rusk
Property mentioned:
Considerable amount of property
thirteen slaves
620 acres of land
Personal property consisting of horses, cattle, hogs and farming utinisils.
Petitioners mother is still living, 80 years old

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Date: 30 Sep 1854, Page 440

the State of Texas
County of Rusk
to the Honor John C. Miller Chief Justice in and for Satin County of Rusk:
Sir This is to inform you that I desire that my son David Pearce Shall be appointed adm of my late husband George Pearce Relinquishing My Rights:
Very Respectively Yours this 30th Sept 1854.
Elizabeth Pearce (Her Mark)
test
J. W. Flanagan
W. C. Churchmill
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Notice
Date: 30 Oct 1854
Estate of George Pierce
Notice is therefore humbly given< To all persons interested in said estate to be and appear at the next term of the county court of Rusk
Count pertaining to the Estates of deceased persons. He to be holden on Monday the 30th day of October AD1854. at the courthouse 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 Oct 18th 1854.

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Date: 30 Sept 1854
Petition of David Pearce to be appointed Administrator of estate
Posted a twenty thousand dollar bond
Court Order appointing David Pierrce as Administrator
Signed by:
David Pierce
Riley Pierce
John Pierce
W. C. Churchmill
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Date: 30 Sep 1854
Sworn statement by David Pierce to carry out duties.
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Page 442
Bond
Date: 30 Sept 1854
Amount: $20,000
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Page 442
Date: 30 Sep 1854
Court Order appointing Willis Kilgore, John Minn and H.G. Sibley apraisers of the property. To report to the court on 13 Oct 1854.
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Page 443
Request from Adm Pro Tem (David Pearce) to sell perishable property at the former residence of Goerge Pierce. Sale to occur on 17 Oct 1854.
Items are to be sold on 12 months credit with bond and good security.
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Page 4443/444
Date: 2 Oct 1854
Appraial Bill of the Estate of George Pierce, made 2 Oct 1854

1 Dun Mare 80.00 8 Chairs and pine table 4.00
1 Gray Mare 60.00 4 Beds & furniture & 3 100.00
1 Gray Colt 125.00 2 Pr. Hand Irons 3.60
1 Dun Colt 85.00 1 Mans Saddle 6.00
1 Young Black Mule 100.00 1 Rifle Gun 18.00
1 Black Mane Mule 125.00 1 Wash Pot 2.00
1 Brown Horse Mule 90.00 1 pr. Small stuttyards 1.00
1 Black Horse Mule 100.00 1 Lot cooking utinisils 12.00
1 Hack Waffon & Harnis 90.00 1 Yellow Man, Sam 1000.00
2 Road Waggon & Gear 100.00 1 Black Man, hamp 900.00
1 Pided Steers 80.00 1 Black Man, Andy 1200.00
1 Black Steer 85.00 1 Black Man, Moses 1200.00
2 Young Steers 40.00 1 Yellow Boy, Henry 700.00
45 Head stock cattle/per head 315.00 Woman & Child Sarah 1000.00
1 Lot of Stock Hogs 150.00 Woman Margaret. 900.00
Lot of farming untinsils 28.00 Woman Ester 800.00
1 Grind Stone 2.00 Woman Hannah 700.00
1 Crop cut & hand saw 2.50 Girl Texana 300.00
1 Loom 6.00 Martha & Child 1000.00
2 Spinning Wheels 6.00 640 acres land/.6 per acre 372.00

One Note of hand on J. D. Fessums & Wm. B Miller for 90.00
One Note of hand W. R. McMillin and J. E. Winn 395.17
with a credit of ninty three dollars & 17 cents.
1 Note on Wjm B. Tehnpus for 42.00
1 Note on George Pierce & Daavid Pierce for 100.00
1 Note on David Pierce or 16.00
Acpt on Wm. B. Anymmie for 7.21
Cash on Hand 564.35
Signed:
Willis Kilgore
John E. Minn
H. G. Sibley
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Page 444
Sworn statement by David Pierce that inventory is correct.
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Date: 2 Oct 1854
Report to Court, correcting property listed
Added
3 head cattle
1 Mule
1 Two horse Waggon
Also a request to sell all personal property since it is liable to be
Destroyed in many ways.
Request is to sell the property on 12 months credit with security.
Will sell the livestock now to save any corn left since the price of
Corn is high. The new crop of corn is being gathered and will be sold
As soon as it is gethered.
Signed:
David Pearce
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Page 445
Date: 2 Oct 1854
Order to sell pershable propertiy on 17 Oct 1854 on a credit of twelve
months with bond and good security.
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Page 445
Date: 18 Oct 1854 (Filed)
Request to court to appoint David Pierce Administrator in Chief rather
than Administrator Pro Tem.
Signed:
David Pierce
ticsis Flanagan, Atty
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Page 446
Date: 2 Oct 1854 (filed 30 Oct 1854)
Notice:
to show cause why David Pierce should not be appointed Administrator of
Estate of George Pierce.
Hearing to be held 30 Oct 1854, City of Henderson, County of Rusk,
State of Texas.

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Page 446
Date: 30 Oct 1854
Court Order appointing David Pierce as Admininstrator of Estate after
He posts a bond or securities worth $35,000. (The signers of this may
Have also helped post the bond.)
Signed:
David Pierce (His mark)
John Pierce (His mark)
C. M. Pierce
W. C. Churchmill
M. T. Little
J. H. Nelms
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Page 447
Date: 30 Oct 1854
Sworn statement of David Pierce to carry out duties of administrator.
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Page : 447
Date: 30 Oct 1854
Court order appointing David Pierce as administrator.
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Page 447/448
Date: 30 Oct 1854
Report to court from David Pierce
Subject: Sale of 17 Oct 1854
Personal property sold consisting of cattle, horses, hogs, waggons.
Property sold on twelve months credit.
John Pierce having bot $846.
James Pierce bot at said sale $417 worth.
Charles Pierce bot $473 worth.
William Churchwill bot $117 worth.
Rial Pierce $102 worth.'
Reporter David Pierce bot $43.50 worth
Jackson Glaise Bot some $25 worth
George Pierce Bot $122.75 Worth.

Cash Recd $4.50
Harn bot Blank amount
Other persons having bot amounts not now recollected.
making in all the sum of $1757 and some cents. as near as recollected
As the sale bill not being before me but which I will hereafter Return
As part of this report. Clerks of said sale
J. H. Nelms
John Pierce
William Chruchill
Sworn before: John Pierce (His Mark) Livis G. Flanagan Atty for pet.
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Page :448/449
Date: 30 Oct 1854
Request to sell:
One thousand bushels of corn
tract of land
Negroes
"Petitioner alleges that from the extreme age of his mother being over
Eighty years old and in a helplless condition having many children Say
your petitioner David Rial Joseph Charles John, James William
Churchhill and the heirs of Aquilla & others, all being of all being
Of Page and none of them residing with her and the old lady from the
Condition of said Page and inability and many other reasons nudining her life miserable on the place. Where She now resides and is extremely Anxious to have the land sold as likewise the slaves. It is already made known to your honor that the children are all of age and very desirous that the land, corn and Negroes shall be sold upon a credit of twelve months. The sale to take place for the corn on the first Tuesday in December and the Land and Negroes at the cort house door in the town of Henderson on the first Tuesday in December 1854. the purchaser or purchasers giving Bond with approved security and a Mortgage On the land and Neagroes as heretofore shown. Petitioner shows that the estaste is not involved in debt - but as coutemplated by the Stastuetes in article 1179 its being better to sell the land and negroes than to lie out and Rint. thereby enabling petitioner to settle up said estate and satisfy all the heairs. Who are securitieies upon His Adminiistration Bonds, further that, said land and negroes from the _________________and quatity cannot be divided therefore the heirs all Desire the sale to take place as soon as possible - Petitioner further state, that he apprehends danger of the negroes or some of them Running away and it may cost the estate great trouble and expense and perhaps terminate in the loss of some one or more of them. Nothing Also has come to hand since the last report, the primes all considered
etitioner ......."
Signed:
David Pierce (His mark)
tivis Flanagan, Atty for Petitioner

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Page : 449
Date: 30 Oct 1854
Order to sell slaves, land and cotton and corn. To be sold at door of
Court house on first tuesday in December 1854.
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Page 450
Date: 30 Dec 1854
Report to Court on results of sale
Land and Negroes were sold.
total amount reported $18,232.10
Signed:
David Pierce
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Page : 450/451
Date: 29 Dec 1854
Account of Sale, Took place 6 Dec 1854

Article Purchaser Amount
Sam, Yellow Man John Pierce 1250.00
moses, Black man John Pierce 2005.00
Andy, Black Man Charles Pierce 1050.00
Margaret, Black Girl Riley Pierce 1805.00
Sarah & Child James Pierce 1500.00
Henry, Yellow Boy Joseph Pierce 1300.00
Easter, Black Girl John Pierce 1270.00
Hannah, Black Girl Chas Pierce 800.00
texannah, Black Girl Joseph Pierce 750.00
Brown mulem. V. Parson 105.00
620 Acres Land Calvin Pierce 712.12
100 Bus. Corn Robert Curtis 100.00
100 Bus. Corn J. H. Nelms 100.00
100 Bus. Corn S. P. Runkis 100.00
50 Bus. Corn A. S. Hamilton 50.00
50 Bus. Corn R. H. Cuniky
50 Bus Corn W. E. Churchill 50.00
100 Bus Corn W. E. Churchill
With privilege of the whole
1 Saddle W. E. Churchill 9.00
1 Stack Fodder B. B. /tutte
1 Stack Fodder Eaton
1 Stack Fodder Hagen
1 Stack Fodder R. B. Tutte
1 Stack Fodder flanagan
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Page : 451
Date: 29 Dec 1854
Request to sell 14 bales of cotton in Shreveport because it will bring a higher price.
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Page : 451/452/453
Date: 31 Jan 1855
the State of Texas
County of Rusk
County Court February Term 1855
Honorable John C. Miller Chief Justice.
the petition of Joseph Pierce who is a resident of Hill County and the
State of Texas of Riley Pierce and James Pierce both residents of the
County of Cherokee and State of Texas, Mehala Peyton and Thomas A. W.
eyton husband of the said Mehala who joins with the said Mahala to aid
And assist her both residents of the County of Kemper and State of Mis-
Sissippi respectfully ________________upon your honor that the estate
Of George Pierce deceased is now in process of Administration in your
Honors court and that one David Pierce who resides in the County of
Cherokee and State of Texas is the Administratator of the said estate
And has returned an in_______ the same as will appear from the papers
On file in your honors court. They further state that Elizabeth Pierce
is the widow of the _____________ and that she resides in the County of
Cherokee and State of Texas, and that John Pierce, Minerva Churchwill And her husband William Churchwill who resides in Cherokee County and State of Texas and that the said John and the said Minerva are children And heirs of the said George Pierce eced and that Charles Pierce who is One of the children and Heirs at law of the said deceased resides in the county of Rusk aforesaid. And that Calvin Pierce who resides in Smith County, Texas and Riley Pierce whose residence to Petitioner is unknown Franceis Nelmes wife of James Nelm, who resisee in said county Of Rusk Elizaberth I Boggess, wife of Jiles Boggess who are also Residents of said county of Rusk and Nancy Park and her husband William Q. Park , Residents in the county of Smith and State of Texas children And Heairs at law of Aquilla Pierce deceased and that said Aquilla was On of the sones and Heairs at laws of the Inestate George Pierce and that Norvuo Pierce who residfes in the County of Smith and State of Texas. They further state that the persons above mentioned and your Petitioners and the Administrator the said David are the only heirs at Laws and area the only persons entitled to a distribution share of said Estate. They further state that there are no debts against said estate and that the said Admininistrator has in his hands a large amount Of money belonging to said estate . Which money will not be needed either for the payment of debts or the expenses of Administration of said Estate and that they fear said money will be wasted by said Administration. They therefore pray that the said Administration of said David Pierce be cited to appear at the February term of your honors court
1855 and make an exhibit of the amount of money in his hands, belonging
to said estate and at said term of the court that your honor, pass an
Order ordering said administrator to pay over and diliour to your peti-
tioners the amount of said money to which they are entitled according
to the Laws of Desent for which money will execute, refunding bonds if
the same be required and that all such action and further e_________
Snf ____________in this cause as your honor. may require and for gen-
Eral relief, Petitioners further state that after the distribution of
the money now in the hands of said Administrator amongst the heirs of
Said intestate that there will still remain in the hands of said Administror property, belonging to said estate and debts Giving to the Same, all amounting in value to the sum of $25,000 and that the bond
Given by said Administrator is for an amount entirely insufficient to
Secure said estate, in the hands of said Administrator and that the
Secaurities on said bonds are wholy insufficient to secure said estates
And that if the heirs of said deceased ___________ ever have to re-
Sort, to said bonds and the securities on the same that they would not
Be able to exatractl the value of said estates or any considerable part
Of the _ance from said Administrarior and his said securities. And
they further state that they have fear, that said estate will be squan-
Dered and disposed of by said administrator and his said securities,
And that the heirs of ssaid estate will thereby loose said estate. they
therefore pray that said administator ber also cited to appear at said
term of your honors court. and give a new bond in a greater amount and
Signed by addiotional and better securities for the faithful perfor-
mance of his duty as such administraator.
Signed:
Armstrong _ Parsons
Atty for Petitioners
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Page : 453
Date: 9 Feb 1855
Summons: Riley Pierce, Smith County
Complanients: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton
And Thos A. W. Payton
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Page : 453
Date: 19 July 1855
Acceptance of Summons: Riley Pierce
Signed:
Riley Pierce
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Page : 453
Date: 9 Feb 1855
Summons: Nancy Pierce, Smith County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton
And Thos A. W. Payton
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Page : 454
Date: 19 Feb 1855
Notice that summons to Nancy Pierce was delivered by sheriff of Smith
Co.
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Page : 454
Date: 9 Feb 1855
Summons: Calvin Pierce, Smith County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton
And Thos A. W. Payton
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Page : 454
Date: 19 Feb 1855
Notice that summons to Calvin Pierce was delivered by sheriff of Smith
Co.
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Page : 454
Date: 9 Feb 1855
Summons: Nancy Park, Smith County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton
And Thos A. W. Payton
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Page : 454/455
Date: 21 Feb 1855
Notice that summons to Nancy Park was delivered by sheriff of Smith Co.
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Page : 455
Date: 9 Feb 1855
Summons: William L. Park, Smith County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton
And Thos A. W. Payton
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Page : 455
Date: 21 Feb 1855
Notice that summons to William L. Park was delivered by sheriff of Smith Co.
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Page : 455
Date: 9 Feb 1855
Summons: Elizabeth J. Boggess, Smith County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 455
Date: 21 Feb 1855
Notice that summons to Elizabeth J. Boggess was delivered by sheriff of Smith Co.
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Page : 456
Date: 12 Feb 1855
Summons: Charles Pierce, Rusk County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 456
Date: 21 Feb 1855
Notice that summons to Charles Pierce was delivered by sheriff of Rusk Co.
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Page : 456
Date: 15 Feb 1855
Summons: James Nelms, Rusk County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 456/457
Date: 12 Feb 1855
Notice that summons to James Nelms was delivered by sheriff of Rusk Co.
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Page : 457
Date: 12 Feb 1855
Summons: Frances Nelms, Rusk County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 457
Date: 12 Feb 1855
Notice that summons to Frances Nelms was delivered by sheriff of Rusk Co.
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Page : 457
Date: 12 Feb 1855
Summons: Giles Boggess, Rusk County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 457
Date: 12 Feb 1855
Notice that summons to Giles Boggess was not delivered because he was Not to be found in the county by sheriff of Rusk Co.
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Page : 458
Date: 8 Feb 1855
Summons: William Churchwill, Cherokee County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 458
Date: 23 Feb 1855
Notice that summons to William Churchwill was delivered by sheriff of Rusk Co.
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Page : 458/459
Date: 8 Feb 1855
Summons: Manirva Churchwill, Cherokee County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 459
Date: 23 Feb 1855
Notice that summons to Manirva Churchwill was delivered by sheriff of Rusk Co.
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Page : 459
Date: 8 Feb 1855
Summons: John Pierce, Cherokee County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 459
Date: 29 Feb 1855
Notice that summons to John Pierce was delivered by sheriff of Rusk Co.
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Page : 460
Date: 8 Feb 1855
Summons: Elizabeth Pierce, Cherokee County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 460
Date: 28 Feb 1855
Notice that summons to Elizabeth Pierce was delivered by sheriff of Rusk Co.
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Page : 460
Date: 8 Feb 1855
Summons: David Pierce, Cherokee County
Complainants: Joseph Pierce, Riley Pierce,l James Pierce, Mahala Payton And Thos A. W. Payton
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Page : 461
Date: 24 Feb 1855
Notice that summons to David Pierce was delivered by sheriff of Rusk Co.
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Page : 461
Date: And not at this term of the court, this case bing called and it
Appearing to the court that the citation from Cherokee County had not Been returned. It is ordered by the court that this case be continuied to the next term of the court.

the State of Texas County Court March Term 1855
County of Rusk
To the honor John C. Miller Chiedf Justiced in and for the county of Rusk now holding sessions pertaing to Estates.

James Pierce et al In this cas___ the same bing called for
vs. trial and the defendant Moves the court to David Pierce admin plaintiffs to security for costs.
And othersLewis G. Flanagan atty for defts.

Estate of George Pierce, deceased. Rule for ___auvity for costs.
filed March 26th 1855

Order March __ 1855 And now at this term of the court the petition of
James Pierce et al vs David Pierce admin, et all coming on to be heard.
it is moved by the defendants, that the plaintiff be _________ for se-
Curity - for costs. Wherefore it is ordered by the court that the
laintiff be so ruled for secruity. Case continuied.

Order Apr __1855 And not at this term of the court, the case wherein
James Pierce et. al are plaintiffs and David Pierce as admin of said
Estate et al are defendants, coming on to be heard and it appearing to
the court that the plaintiffs in said suit had failed & refused to
Give security for the cost of said suit as they were ruled and notified
to do at the last term of this court. It is therefore ordered adjudged
And decreed that said plaintiffs to wit James Pierce, Riley Pierce,
Joseph Pierce, Mahala Payton, Thomas A. W. Payton _____nothing by their
etition and that said case be dismissied and that the said defendants,
David Pierce, John Pierce., Elizabeth Pierce, William Churchwill and Manirva Churchwill, Charles Pierce, James Nelms & Frances Nelms, Riles Pierce, Nancy Pierce, Wm. G. Park & Nancy Park, Calvin Pierce, Elizabeth J. Boggess do have and ___________ of the said James Pierce, Riley Pierce, Joseph Pierce, Mahala Payton & Tho. A. W. Payton- all Costs in and about this suit expended for which ___execution issued to Which said ruling of the court said plaintiff, by attorney, eccepts & Give notice of appel to the district court.
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Page 462
Date: 30 Aug 1855
Court Order to sheriff of Cherokee Co. Tx
to collect 52.30 court costs from James Pierce et al (Probably by sale Of personal possessions)
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Page : 463
Date: 25 Feb 1856
Report to court on sale of 14 bales of cotton. Cotton was sold 7 Jun 1855 for $321.82. No money has been received since the last report. Has placed papers with attorney Lewis G. Flannagan to start suit to Collect the debts.
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Page : 463
Date: 23 Apr 1856
Petition
Your petitioners William C. Pierce a resident citizen of the County of Smith in said state, son of Aquilla Pierce deceased who was the son of Said George Pierce deceased last of said Rusk county and William G. Park and his wife Nancy Park, both of said Rusk county. The said Nancy Being the brother of said William C. Pierce and the daughter of said Aquilla Pierce. Who was the son of said George Pierce. jSay that the Said George Pierce in the said acounty of Rusk in the year AD1854 departed this life. That at the October term of your honors court, one David Pierce was appointed administrator of said estate of George Pierce that said David Pierce in the administration of said estate has Been guilty of gross ____ ______neglect as will appear from the inspection of the papers filed in your honors court appertaing to said estate. Petitioners say that according to laws and in obidience to his Solumn duty, the said administrator should at the first term of your Honors court after the expiration of twelve months from the time of the Original grant of ________ of administration return to the court an exHibit in writing sworn to and subscribed by setting forth a list of all Claims against the estate that _____ presented to him. Within 12 months after the said grant of __________ of administration specifying Which have been allowed by him and which rejected and date when reJected also settting forth fully the condition of the estate. Petitioners say that said administraror has filed no such report. They Refrer your honor to Articl 1191 Hartty Digest.

Petition is asking for an accounting of the estate.
Signed:
Wm C. Pierce
Wm L. Park
Nancy I. Park
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Page : 465
Date: April 1856
Court order removing David Pierce as administrator for failure to file Required annual reports.
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Page : 465
Date: April 1856
Appeal of David Pierce, who was not notified of pending action. Listed 5 reasons why judgement should be set aside. 4. That the parties who have made this application are (although Heir, indebted to said estate in amounts much above their distributive Shares. and have not no interest against said estate except to destroy the administration so that judgements against them in the district Court of Rusk where they are now sued & which evidence is submitted.
5. They say that the said applicants all represent one heir Aquilla Pierce and that his widows Mrs. E Boggess and Mrs. Frances Nelms also Are distributes under said share.
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Page : 466
Date: 16 Jun 1856
Petition of William C. Pierce to be appointed administrator of estate Of George Pierce.
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Page : 466
Date: 30 Jun 1856
Answer to petion of William C. Pierce.
Elizabeth Pierce stated that William C. Pierce was only a grandson of George Pierce and as such did not have any interest in the estate until After the death of W. C. Pierce's mother, who was still living. Elizabeth Pierce filed her papers to be appointed administrator of the the estate.
Signed:
Lewis G. Flanagan, atty for Elizabeth Pierce
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Page : 467
Date: 11 Jun 1856
Petition of Elizabeth Pierce to be appointed administrator.
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Page : 467
Date: 30 Jun 1856
Notice of application of Elizabeth Pierce to be appointed administrator Of the estate. Hearing to be held 30 Jun 1856.
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Page 468
Date: __ Jun 1856
Court order appointing Elizabeth Pierce as administrator of estate of George Pierce. A bond of $40,000 is to be posted.
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Page 468
Date: 30 Jun 1856
Written protest against appointment of Elizabeth Pierce as administrator. Protest based on her great age, unable to read or write, and she is not a resident of the county of Rusk.
Signed:
W. L. Park
W. S. Park
Charles Pierce
Giles S. Boggess Jr
Elizabeth J. Boggess
J. H. Nelms
f. D. Nelms
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Page 468
Date: Aug 1856
Request from Elizabeth Pierce's attorney to show securities of bond at Next court session.
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Page : 468/469
Date: 30 Sep 1856
Court order appointing her administrator of estate, after a protest was filed by W. C. Pierce, a grandson.
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Page : 469
Date: 30 Sep 1856
Bond posted and secured by following persons.
Elizabeth Pierce (her mark)
David Pierce (his mark)
W. C. Churchwill
R. A. Little
James W. Shanock
John Pierce (his mark)
J. W. Glanagan
A. P Thormond
Henry Clich
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Page 469
Date: 30 Jun 1856
Elizabeth Pierce takes oath to administer the estate.
Signed:
Elizabeth Pierce
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Page : 470
Date: 30 Oct 1856
Refiling and notice of appointment of Elizabeth Pierce as administrator.
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Page : 470/471
Date: 6 Aug 1856
Petition of W. C. Pierce to be appointed administrator of estate of George Pierce.
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Page : 471
Date: 18 Sep 1856
Notice of application to be appointed administrator by W. C. Pierce.
Signed:
W. C. Pierce
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Page : 71
Date: 15 Nov 1856
Complaint about Elizabeth Pierce being appointed administrator.
Complaint filed by:
"Your petitioners W. C. Pierce, a resident of the county of Smith in Said state who is the son of Aquilla Pierce, who was the son of said George Pierce, W. G. Park and his wife Nancy I. Park who is the daughter of said Aquilla. Charles Pierce who is the son of said George Pierce files. S. Boggess and his wife Elizabeth S J. Boggess who is the Daughter of said Aquilla. & H. Nelms and his wife F. D. Nelms, who is the daughter of said Aquilla, all of said Rusk County. Comlain of Elizabeth Pierce in the county of Cherokee in said state and say that On the 1qth day of June 1856 said Elizabeth Pierce filed her petition in the county court of said Rusk county to be appointed administrator Do b on is now of the estate of said George Pierce deceased and at the June term of said county court said Elizaberth Pierce was appointed administrator as boneis now of said estate upon giving bonds and at the September term of said court 1856 the bond of said Elizabeth was aproved as said Admin. de bonis :Non and the saind court. At said last mentioned termed ordered Letters of administration de bonis non to iss to said Elizabeth and the said Elizabeth has wholy failed and refused to file an Inventory of the property of said estate in said court. though impaatively commanded to do so by Laws to wit Article 1224 Hearings Digest and also according to Article 1143 although more that thiry days has elapsed since her bond was approved and more than sixty Days have elapsed since the appointment . Petitioners say that satid Elizabeth is guilty of gross neglect for which she should be removed from the said administration and her letters revoked without notice. Which petitioners pray may be done by your honor."
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Page : 472
Date: __ Nov 1856
Elizabeth Pierce removed by court as administrator of estate because She did not file an inventory of the estate within 30 days.
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Page : 472
Date: 25 Nov 1856
Protest of Elizabeth Pierce to being removed as administrator.
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Page : 473
Date: 28 Nov 1856
Elizabeth Pierce hearing. Her motion was over ruled and she appealed to the district court.
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Page : 473
Date: 28 Nov 1856
inventory Report filed by Elizabeth Pierce
One Negro man named Hamp aged about 38 years, 900.00
Appraised by the appraisers under the original Administration.
One negro woman named Martha aged about 35 years /child named Susan 1000.00
Appraised by the Appraiser under the orignal administration at And following due the said estate to wit.

One note on James Pierce, John Pierce & William Churchwill dated ___ 5th 1854 due Janary 1 1856 for the sum of 1500.00

One note on David Pierce David Pierce date
Oct 17 1853. Due Janry 1st 1855. For the sum of 1250.00

One note on John Pierce, James Pierce, M. V. Pierce & W. C. Chruchwill Dated Dec 5 1854 due January 1 1855 for the sum of 2275.00

One note on W. C. Pierce, W. G. Park, Jos Pierce, Riley Pierce Dated
Dec 5th 1854 due Jan 1 1855 for the sum of 4417.00

One note on Riley Pierce, Jos Pierce, J. M. Pirce. Dated Dec 5th 1854
Due Jan 1 1855 for the sum of 1865.00

One note on Joseph Pierce, Riley Pierce, M. Pierce, & W. C. Pierce Dated Dec 5th 1854 Due Jan 1 1855 for the sum of 2050.00

One note on James Pierce, Riley Pierce & John Pierce Dated Dec 5 1854 due Jan 1 1855 for the sum of 417.00

(Following is not extracted verbvatium)
C.M. Pierce, Jas Pierce and John Pierce 2150.00

C.M. Pierce, J.D. Sipunis and Jesse Mayfield 472.00

John Pierce, Jackson Glaze and Riley Pierce 348.00

G. W. Pierce, James Pierce and Riley Pierce 123.15

Riley Pierce, W. C. Churchwill and George Pierce 102.00

W. C. Churchwill, John Pierce, Riley Pierce 170.23

David Pierce, Riley Pierce and Riley Pierce 45.60

S. P. Bunk, James Pierce & Wm Bronily 100.00

m. A. Pierson, John Pierce, Joseph Pierce
And Joseph Pierce 103.00

J. H. Nelms, W. C. Pierce, and John Pierce 100.00

Elizabeth Connley, S. Christon & R Boggess 22.50

John Pierce, George Pierce & W. C. Churchwill 127.00

Calvin Buchanan, A. S. Hamilton & J. C. Curtis 44.50

Signed:
Elizabeth Pierce (her Mark)
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Page : 475
Date: 28 Nov 1856
Posting of appeal bond in amount of $1,000.00.
Signed:
Elizabeth Pierce (her mark)
David Pierce (his Mark)
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Page 475
Date: 10 Feb 1857
Results of appeal to district court to revoke adminstration of Elizabeth Pierce. Appeal made by Charles Pierce, William C. Pierce, W. G. Park, Giles S. Boggess, Elizabeth Boggess, James H. Nelms, & F. D.
Nelms. County court was overturned and Charles Pierce, W. C. Pierce
Etc were ordered to pay court costs.
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Page 476
Date: 16 Mar 1857
Suit against W. C. Pierce, filed by Elizabeth Pierce to recover ?
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Page : 476/477
Date: 14 Mar 1857
Summons for W. C. Pierce or Tignal Jones Esq., Smith County to appear At the Rusk county court on 30 Mar 1857.
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Page 477
Date: 23 Mar 1857
Answer from W. C. Pierce
Signed: Tignal W. Jones, Atty
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Page : 477
Date: 30 Mar 1857
David Pierce vs. C. M. Pierce
to correct amount to be paid for land. Should have been $7.12/acre
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Page : 478
Date:
Notice of appeal of W. C. Pierce
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Page : 479/480
Sqabble over land. David and W. C. Pierce
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Page : 480/481
List of notes due estate.
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Page : 481
26 Sep 1857
Agreement to let matter stand just as it is until the land case is Desided.
Signed:
Riley Pierce
C. M. Pierce
David Pierce
W. C. Churchwill
Elizabeth Pierce
John Pierce
James Pierce
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Page : 482
Date: 12 Oct 1857
Summons for Elizabeth Pierce to answer complaint of John Brown
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Page : 482/483
Date: June term 1858
Law suit John C. Miller (chief county judge of Rusk Co.) vs. Elizabeth Pierce. He wants her to deliver $17,614.63.
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Page : 484
Date: 23 Aug 1858
Summons for Elizabeth Pierce to appear in court 27 Sept 1858 to satisfy the complaint of John C. Miller.
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Page : 484
Date: 12 Feb 1859
Petition from Mahalah Peden, Kemper Co., Mississippi "Your petitioner Mahalah Peden _____ resides in the county Kemper and the State of Mississippi, respectfully _________ _________ _________ your honor that she is the daughter of George Pierce who departed this Life some years ago in the county of Rusk and state of Texas and as Such is entitled to a distribution share of his estate. Your petitioner states that the estate of the said George Pierce is now being Administered in your county by Elizabeth Pierce, the surviving widow Of the said George. Your petitioner states that it has been largely more than twelve months since the orginal grant of letters of administration _______said estate. That all the debts against said estate, Have long sice been paid. Your petitioner states that the following Named persons and interested in and are entitled to shares of said estate to __________ the said Elizabeth Pierce, who is the surviving Widow of said deceased, who resides in the county of Cherokee in the State of Texas also David Pierce, Minerva Churchwill wife of William Churchwill, Riley Pierce, John Pierce and James Pierce who also reside in said county of Cherokee,. Also Charles Pierce and Wilbourn C. Pierce who reside in the county of Smith in said state of Texas,. Also Frances Pierce, widow of Joseph Pierce, & his children to wid David & Aquilla Pierce who resides in the county of Hill in said state Of Texas and Julia Puckett, wife of Pucket who resides in the County of McLenand in said state of Texas also Frances G. Nelms wife Of James H. Nelms, Elizabeth Boggess, wife of Giles Boggess Jr. and Nancy Park,a wife of William G. Park also of ______resides in Rusk County in said state of Texas and also Riley W. Pierce whose residence is to your petitioner unknown. Your compainant states that she is in Great need of her share of said estate and she therefore prays to have the said Elizabeth Pierce as administraixs of said estate and all others of said ____________ ___________ ____________ appear and show cause Why said estate shall not partitioned and distraibuted amongest those
Entitled to shares of it according to law and for general relief and as in duty bound show ____________
Signed:
Armstrong __ Parsons atttn for complainent
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Page : 692
Date: 9 March 1859
Summons for Elizabeth Pierce, Cherokee Co., to answer to John C. Miller, Chief Justice as to why the estate has not been divided. Court to be held Monday, 28 March 1859.
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Page 693
Date: 12 March 1859
Summons for Elizaabeth Pierce, Cherokee Co., to appear at the next term of the county court of Rusk county to answer complaint of Mahala Pedein. Court is to be held Monday, 28 March 1859.
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Page 693
Date: 15 Mar 1859
Summons for John Pierce, Cherokee Co., to show cause why estate should Not be divided.
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Page 694
Date: 12 Mar 1859
Summons for James Pierce, Cherokee Co., to show cause why estate should Not be divided.
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Page 694
Date: 12 Mar 1859
Summons for David Pierce, Cherokee Co., to show cause why estate should Not be divided.
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Page 695
Date: 12 Mar 1859
Summons for Riley Pierce, Cherokee Co., to show cause why estate should Not be divided.
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Page 695
Date: 12 Mar 1859
Summons for Manerva Churchwill, Cherokee Co., to show cause why estate Should not be divided.