Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-06-29
THE STATE OF TEXAS.

10 the Sherlt of Ems CouMv-GrohHg
V0U are hereby commanded that YOU summon
BY publication in tho Dallas Herald, Eliza
beth Lgon and John Lyon, residents Of Wilson
county, Tennessee, to appear before the District
Court to be held in and for the county Of Ellis a
the Courthouse on the 18th Monday af.er the Sd
Monday in March 1859, to answer the petition Of
james Il. Scoby filed in said court, in which said
James Z. Scoby is plaintiff, and Nancy NJ. Sweat
in her own right, and as guardian for Cynisca
Sweat, Nancy IL. Sweat, II. p. Sweat, execu-
tor of Will of A. q. Sweat, deceased, Richard v.
b. Sweat, George B. Sweat, Mary p Davis,
Robert A. Davis, William q. Sweat, Sarah A.
Sweat, in her own right and as guardian
for the infant heirs of said Sarah A. and Edward
9. Sweat, deceased, viz: Edward V. B., Mary E.,
Sarah f., Martha E, r. e., and j. W. S Sweat:
Quincy A. Sweat, Elizabeth Ligon and John
Ligon are defendants; and alleging in substance
as follows, to wit: That he is the son and only
heir of Sarah Scoby, late Sarah Sweat, that his
mother is dead; that she was the daughter of Ed
ward Sweatt, who died in Ellis ooaasy, ro-'..,.
about 1854, after the death of petitioners mother,
leaving the plaintiff and the before named defend
ants, his widow and descendant That the said
decedant before his death made and published
Will which has been admitted to probate in Ellis
county, Texas,-by said will defendants William
.. Sweat and Quincy A: Sweat and Alexander
G. Sweat, since deceased, were appointed execu-
outors of said viii. That by said Will, ;estator
bequeathed to plaintiff twelve hundred dollars in
money. and negro girl named Jane and her in
crease. That petitioner has 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 testator, owned property of
the value of sixty thousand dollars, after payment
81 'sll debts and cHGrgea aganst the estate ihai
0y said will, descendants property was all De-
qUsathed to the above named defendants and has
all been taken and distrsbuted by saii executors
among said defendants except the 81 200 received
by pluintif That of the deuth OF said testat0r,
be had no power by Jaw to dispose Of more than
ono lourth 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 tho three fonrtls Of said es-
tate. Plaintiff prays for answer and that defend
ants file with their answer the title papers OF the
land owned by eaid dccedant at his death. Un
final hearing, he prays that said Will be set aside
and held for nought to the three -ourths of said
estste, and he prays for an equal distributive
share of said estate, TINT is, one-tenth of three
fourths of the same and for two thousand dollars
damages, and for the the value of such part of
said estate has been disposed of so that it can
not now be divided, and for general and special
relief - rgsi
Herein fail not, but have you then and there
this writ before said court with your return
thereon showing how you have executed the same
>saHEQ Witness w. W. Parks, Clerk Of
E3R GSA the District Court of Ellis county
'SkA1&H Given under my hand and the seal
aSeTlHlp of said Court in the town of Waxa-
hachie, this 18th day of May A. d. 1882
w. w. PARKS, elk D. c. +. C. T.
hereby certify this to be true and correct
cory of the original writ directed to me,and now
in my hands, May 18th 1859
JOHN G, WILLIAMS, Sheriff Ellis Co.
G.u53i b.Ja asIaa BY A. A. FOSTER, Deputy
Nay 25th.l % 47:4t.-Print. fee, $50.