Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-06-01
Z. Q INOWnEn, 10 D. c. D. c
NM srATE OF rFNNS.

10 he S,aiB IF Ellis County Greeting!
NYoU nre hereby commanded Tia YOU summon,
4 ~ publication in the DoRas Hsrsd, Eliza
beth Lyon and John Lyon, residents Of Wilson
county, Tennessee, To appear before the Distri0s
Court 70 be held 10 and Ion the county OF Ella at
the Court.houso on the l1th Monday after the Sd
Monday in March 1859. 20 anSg rrtfe hetition oil
James l.. Scohy fled in said Court, in which said
James T., Scoby Is plaintiff, and Nancy NJ, Sweat
in her own right and as guardian for Cynisca
Sweat, Nancy H. Sweat, X. r. Sweat, exeou-
COR OF Will OF y. c. Swcatt deceased, RichNrdS.
b. Sweat, George b. Sweat, Mary p. Davis,
Robert \, Davis, William q. Sweat, Sarah A.
Sweat, in her own own right and as guardian
Tor tho infant heirs Of said Sarah and Edward
Q. Sweat deceased, viz Edward V. r., Mary f.,
Sarah f., Martha r. i. O., and j. W. S. Sweat;
Quincy A. Sweat, Elizabeth Lyon and John
Ligon are deiendans and all,dging in substance
as follows, To wit That he is the SON and only
heir Of Sarah Scoly, lato Sarah Sweat, that bis
mother is dcad that she wac the daughter oe Ed
ward Sweat, ,who died in Ellis county, Texas,
about 1854, after the death of petitioners mother,
leaving the plaintiff and the before named defend
ants, his widow and descendant. That the said
decedont before his death made and published
VIII which has been admitted to Probate in Ellis
county. TeSas,-sby said will defendants William
q. Sweat and Quincy A. Sweat aud Alexander
G. Sweat, since deceased, were appointed execu-
tors of said win. That by said viii, tGstator
bequcOthed to plaintiff twelve hundred dollars in
money, and a negro girl named Jane and her in
crease That petitioner las received the money
but has not received the negro nor any other part
of said Edwards estate. That at his death his
ancestor, the said tostator, owned property OF
tho value of sixty thousand dollars after payment
of all debts and charges against the estate That
by said will, descendants property was all be-
qucathed to the above named defendants and has
all been taken and distributed by said executors
among said defendants except the 1900 received
by plaintiff. That at the death of said testator,
hc had no power by law to dispose of more than
ono fourth of his estate by Will and that his
children and grand children were forced heirs to
the remainder. That plaintiff is and was forced
heir to one-tenth Of the three-fourths of said es-
tate. Plaintiff prays for answer and that defend
an s file with their answer the title papers OF tho
land owned by said decedant at his death. On
final hearing, lie prays chat said wall he set aside
and held for nought as to three-fourths of said
estate, and ho prays Sor an equal distributive
share Of said estate, thatis, one tenth of three
! fourths of the SAME and for two thousand dollars
damages, and for the value of such part Of said
estate as has been disposed of SO that it cannot
now be divided and for general and special relief
Herein fail not, but haycyUo then diNss -s'isfe
this writ before said court with your return
| thereon showing how yen have executed the same.
><as.sS> Witness W. ". Parks, Clerk of
| LSsA (sA the District Court Of Ellis county
q! ENESs,N| Given under my hand and the seal
| %Nt ebilssSI Of said Court in the town of WaEa-
hachie this 18th day of May, A. u, 1859.
W. w. PARKS, CL'K D. C. E. c. T.
hereby certify this to he true and correct
copy of the original writ directed to me and now
in my hands, May 18th 1859.
john C. WILLIAMS, Sheriff Ellis Co.
BY 4. A. FOSTER, Deputy.
| NAV 2Gth1 57:4t.-Print fee, $50.