Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1859-06-15

r. NF HlfUN = kNir County, GrefhHF
NUU are hereby commanded tlat YOU summon
d By publication Ia tho Dallas Htral6, Eliza
beth Lyon and John Ligou, iys.Loats u wilson
county, Tennessee, n appear before the District
Court On be held H. and ftf a.. eounty = E.iis ~
tho Court-h1uss on the l7rh MontlY L.,aT the 30
Monday IN March 1859, 81 answer re petition at
JAMES y. Seohy CLEO in saii GuTrt, in Dhish sald
James Z. Scuiy Is phiniii anu Nancy NJ, sg'ais
IN her own gisit aDi IS guardian ioT Cyhisca
sweat, Nancy ", Sweat. Il, y, sweat, oKsou-
tor OF VIII ut \ q. SFrait dersaasd, Richard V
b, SwoAlt, Uiores u. SWeat,. Na,J 2. Davis.
RoAcri \, Davis, WILLIAM q. sweasI, SigAh
Sw1att, id mr. own own r,ght sNi 40 guardian
for Mo infant heirs at said sarah 4 md ElWari
&. swta't ieeaasec, via Wizard Y. D., Nary g.,
Slmh o., Martha f., h. e. and J, ". ?. Sweat.
Quincy 4, Sweat, FiiRhoth Lyon and JshB
LieoT agc Defendants; and Alleging In Substance
a- fllpw7, % VII That hs 10 tbs eOn aud only
heir " Sarah SsJhy, late Sarah Sweat, That his
mother 10 dead that she was 'te daughter e FL
wngl Sweat, who died IN Ellis county Texas,
about lSSA after tho daath 1T pc l.tOHeTs mother,
leaving che plaintiff and .hs before named defend
ants, bis widow and descendant. That the said
docsJnat before his death made and published a
VIII which has been admitted 90 Probate IN lglis
county, Texas by said win defendants William
Z. Sweat and Qainey a. Sweat and Alexander
G. Sweat Stree deceased we're appointed eE9eu-
tors Of saiJ VIII. That By said VIII, tsstltor
boqueathed 10 plaintiff twelve hundred dollars in
money, and negro girl naIsCi Jauo and her IN
crenss. That petitioner has received tho money
bat has not received the negro nor any other part
OF said Edwards estate. That at bis dscth biz
ancestor, the said testator, owned property Of
tho gaIue Of siyi b'ff sana'doliaM tner paEFssns
Of all debts t2 blElp againrS nis,stc. That
by sid will. aescenf lloA va 9isiVyas all be-
-S,o"tSOd 20 .bo aboios FRI doida sSts and has
alaBeon aiken and eSaibstod ~ -. qzocators
among said defendants except the $1,000 received
by plaintiff That at the death ef said tsstatory
he had no power by law kSa' nruinshore than
ono fourth of his estats, by, IA and chat his
children ana grand. ehhrsn wcTe forced heirs to
the remainder. That plaintiff Is ard wGs . forced
heir to nnc.tenth Of the three l9urtbs of aid es
ta5e Plaintiff prays for pBswcr and hat deiond-
an Gle with 'leir answeFths title papers ot tho
lard owned by said dece,hnE at his deaoh. On
fn;.l hearing he prays that said VIII he 81 aside
and h1d fpr nought rs to thre,-scurths c[ said
estate nnd no prays Tor ~ equal diStribntiyc
shagc of said estate, that is, one tenth OF trCo
fourths q The same and fog two thousand dollars
damages, and for The value Of suoh part OF said
estate as has been disposed Of so thas it cannot
now be divided, and for general and special relief
Herein fail not but have YOU then and there
this writ before said court with your return
thereon showing how Jcu hay eHecufed the same.
,.rg1i5.1,> Witness ". W. Parks, CLERK OF
EST (4ssA the District Cgart Of Ellis county
&sf-g.hESSssyt Given under my hand and the seal
%s s5.g:zI Of said Court in the town Of Waaap-
hachio, this 18th day of May, AID. 1850
w W, PARKS, cI'E u. c. Z. CT.
hereby certify this TO hea true and correct
cory of the original writ directed to me and now
in my hands, May 18th 1850.
JOHN G. WILLIAMS, Sheriff Ellis Co.
BY A. A. FOSTER, Deputy.
May 18th. 47:lt.-Print. fee, $50.