The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1851-10-18


County. 1874.
Rs6scea Hassr,y. Guardian Of ~, minor h,i,. of
Spare W ihgerfy. doc'd
CsrAss X, Ard,,~s and Jasss H. Hughes. E1eca,ors
of The last wd aud teaam,nfe Of Spirs " ihg,rfy
drccas,d, It, al
W ,he Shc,,t Of sad Couniy--Greeting
MilEkEAS, On III. 39th day OF September
w A.p 1851, kcbccca Hageriy, guardian
of Frances llageriy and Spre Mcintosh llag,
criy, minor heirs OF Spirc NJ. Ilagerty. decasrd,
flied her petition in The Clerks Office of the
District Court Of Harrison County; which is
in substance az follows; That plaintiff, in the
County of Shelby and Republic Of Texas
about the - day Of March, A. D. 1893, Wns
lawfully married to Spife NJ. liagerty, and that
they lived together as man ap aiic, IN said Re-
public and Slate, until ahou, the ----- day Of
August, A. u. isis, when the said Spre NJ
separated from petitioner by forcing her to
leave his house; and tina, he, the said Spirc NJ
afterwards, to vii about the Eth day Of De-
ccmbcr A D. SAG departed THIS life petitioner
further states, that durn. the time petitioner
aud the said Splrc VI lived together rs man and
wife, rs aiorr.alJ, the said Frances was born
Of said marriage, and that after her said scpatn-
ilon with the said Spire NJ, to wit: about the
la:h day Of March, A y, isl9, the said Spirc
Mcintosh was born OF SAID marriage, and that
both Of sad children are the lawful heirs Of
petitioner AID said Spirc NJ, aud boro rs aiosc.
said OF said marriage, and that the SAID Frances
and Splrr Mclnto.i, are the only lawful children
which he, the said Spre NJ. left living at the
time Of his death aud that the said Spire NJ
died possessed of large amount OF property,
both real and personal, the chi,l part OF which
IN tai
value of which said property is, n, least eighty
thousand dollars, and that the SAID Spire 81. a
shor, time before his death, to Wit on the
| ith day of November. A. u lSi9, executed his
last VIII and testament, IN the said count, OF
Harrison, hy which SAID last viii and testament,
he the -ald Spire NJ. amongst other things, de-
elarcd thu, he thcseby gave to his sister Dclilah
Iiar~cll, and her children, the sum Of Two
Thousand dollars. and tina, the said Spire Mcln.
iosh should .ake and receive but one thousand
dollars Of his. the said Spire Ms estate, and
he, the said Spire NJ, also provided by his said
will that all OF the residue Of has SAID estate,
both rea, personal. aud mixed, shonld 20 10 his
said daughter Frances, absolutely, upon the
condition that she, the said Frances, left issue
ut the time OF her death; but In ease she, the
said Frances, died withou. issue, then he, the
said Sp,rc A., declared by his said viii that the
property devised to her, the said Frances, by
said will, should be- equally divided among the
children of Dc,lah ilarweIl and Selma Jcter,
the vii. of James W. Jeief, Scna A. t'ray.
(wifc of ur.ah Gray,) thou dead, and OF BIAS
insanre ilagerly deceased aud that each Of the
children of his. the said Spirc NJ said three
sisters, and hi, said brother should take the said
residue OF hi, SAID estate, share and shaic alike;
aud that til, only reason given by the said Sprc
.lu-. 4.
tosh, a. aforesaid. Is, that the sand Nprc McIn-
tosh was not his, the said Spirc Ms own child;
aud the plaintiff further states, that the number
and names of the children OF the said Sclcna
letter, wife Of the said James W. letter, are uu-
known to her, and that they reside IN the State
Of Alabama and that the number and naines
uf the children Of the SAID basingancc iiaser'y
arc also unknown to petitioner and that their
residence is beyond the limits Of the State OF
Texas, aud that they be cited by publication,
according to law, to appear and answer this Pc
,ltlon and affidavit having been nadc that the
children of Selma letter, vile OF James w.
letter, and also the children Of the said blasn-
gauce llagcr,y, are non residents OF ,he State
Of Texas.
You are, therefore. commanded TO summons
the children Of the said Selma letter, wife Of
the aid James W. letter, and the children OF
the saii BIa-ingancc Hager.y ard The parties,
hy publication If this wit eight successive
week. in III, Texas Republican" newspaper
published IN said conniy 10 BIZ and appear be-
forr the District Court Of Harrison County, at
the Courl House in the town OF Marshall. on
the Thirteenth Monday AFTER the third Monday
in September, 1851. and answer the petition OF
plaintiff Herein fail not, and make dae return
hereof Az required BY law.
..,itfs. Test: LurmKx r. FoRp, Clerk
& Of said Govt
Given under my hand and seal
ii Office, al Marshall, this 99th
0y$yc day Of September, A. y. 1881.
/. X. FORD. CIR. d. {. nc.
by J. I. SnANks. Deputy.
Isssed September goth, 1881.
l. R. FORD, Clerk.
byIT. SHAsss. Deputy.
Received in Odicc. Oct Let, 1881. and handed
10 Inc Editor II the Texas Republican the same
day. Tor qualifications
3. II. PERRY, Sheriff u. G.
~, an tAAi I6n -.
COME 0NEi COME ALL
~mnA~ v. s'rElNLElN. has Jus! received
Al -