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State of Arkansas,
County of Sevier,
Clerks Office, Sevier Probate Court
In Vacation, December 27th 1843.
This day came Fountain G. Stone and James M. McDonald and made application
for Letters of Administration on the Estate of Robert McDonald deceased; and
the affidavit of the said Fountain G. Stone and James M. McDonald having
been heretofore filed on the 17th day of November 1843; and their bond being
duly filed in accordance with law. Letters of Administration was granted
them on said Estate.
It is therefore ordered that said bond be presented to the next term of this
Court for approval.
Jas. Penny, Clk.
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Sevier County, Arkansas Probate Court Record 2, 1839-1846, page 253.
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Clark Circuit Court
October Term 1844
Jesse Simpson, Plaintiff
vs.
James M. McDonald and Fountaine G. Stone as administrators of the Estate of
Robert McDonald deceased, Defendants.
Trespass On The Case Upon Promises.
This day came the parties by their attornies and filed their bond written
agreement to arbitrate this case upon which is endorsed the award of the
arbitrators which award is in the words and figures, to wit:
The State of Arkansas,
County of Pike,
We the arbitrators of the within do agree to allow Jesse Simpson 75.00
dollars and Stone & McDonald pay all the cost that has not been paid, this
21st day of October A.D. 1844.
D. Huddleston
Rice Stringer
James Hughes
Which is agreed here in open court by the parties to be entered upon the
record and made the Judgement of this Court. It is therefore considered by
the Court that the said plaintif have and recover and from the said
Defendants as administrators as aforesaid, the sum of seventy five dollars
for his damages and also all the costs in and about this case that have not
been paid.
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Clark County, Arkansas Circuit Court Book F, 1844-1851, page 44.
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The State of Arkansas,
County of Pike.
Probate Court of Pike County, July Term, 21st day of July, 1846.
Petition For Dower.
Elizabeth McDonald, Complainant.
vs.
James M. McDonald, William A. Brewer, John D. Bacon, Sarah Bacon, his wife,
John M. Brewer, Lucinda Brewer, Oliver Brewer, Reece A. Brewer and Caroline
A. Brewer, Alexander McDonald, Alvin McDonald, Edward McDonald, Robert H.
McDonald, Wilson H. Swan and Mary Swan, his wife, Fountaine G. Stone and
Maria Stone, his wife, Elizabeth Jane Harl, Robert Harl, James Harl, John
Eldridge Harl, Mary Ann Jemima Harl, Belva P. Harl, and Susan Harl,
Defendants.
And now at this day came the said complainant by Hubbard & Hempstead, her
solicitors, and it appearing to the satisfaction of the court that Alexander
McDonald, Wilson H. Swan and Mary Swan his wife, are non-residents of the
State of Arkansas; therefore, on motion of said complainant it is ordered by
the court that publication be made notifying the said Alexander McDonald,
Wilson H. Swan and Mary Swan, his wife, that the complainant has filed her
petition against them and others, the object of which is to obtain dower in
the following described tracts or parcels of land, situate in the county of
Pike, to wit: the east half of the northeast quarter of section seven, and
the west half of the north-west quarter of section eight, all in township
eight, south of range twenty-five, west, containing two hundred and forty
acres, and it is further ordered that said non-resident defendants appear
before the court here on or before the first day of the next term thereof,
which will be in the town of Murfreesboro on the second Monday in October
next after the date hereof, and then and there plead, or answer, or demur to
said petition, the same will be taken as confessed and a decree entered
accordingly. And it is further ordered that a copy of this order be
published in the Washington Telegraph, a newspaper published in the State
for two weeks successively by weekly insertions, the last insertion whereof
shall not be less than four weeks before the first day of the next term of
the court.
True copy. Attest:
D.S. Dickson, Clerk.
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Washington Telegraph, Volume 6, No. 48, October 14, 1846, page 3, column 3;
Texas State Archives, Austin, Texas.
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Alvin McDonald Letters of Administration
on Robert McDonald Estate
County of Jackson,
ss.
The State of Arkansas,
To All Person To Whom These Presents Shall Come, Greeting:
Know ye, that whereas Robert McDonald of the County of (Pike) died intestate
as it is said on or about the 25 day of October 1843 having at the time of
his death, personal property in this State which may be lost, destroyed or
diminished in value if speedy care be not taken of the same to the end
therefore that the same said property may be collected, presented & disposed
of according to law. We do hereby appoint Alvin McDonald of the County of
Jackson administrator of all and singular the goods and chattels, rights
and credits which were of the said Robert McDonald at the time of his death.
With full power and authority to secure and dispose of the same property
according to law and collect all moneys due said deceased and in general to
do and perform all other acts and things which are or hereafter may be
required him by law.
In testimony whereof, I, A.H. Logan, Clerk of the Circuit Court and
Ex-Officio Clerk of the Court of Probate in and for the Count of Jackson
aforesaid, have hereunto set my hand and affixed the seal of said Court at
office this 22nd day of November 1849.
A.H. Logan, Clerk.
Issued and recorded in Book B, page 46, November 22nd A.D. 1849.
A.H. Logan, Clerk.
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Alvin McDonald Bond on Robert McDonald
Know All Men By These Presents:
That, we, Alvin McDonald as principal and Thompson Harl, Robert McDonald and
Edward McDonald as securities are held and firmly bound unto the State of
Arkansas in the just and penal sum of Thirty-six Hundred Dollars, for the
payment whereof, well and truly to be made, we bind ourselves and heirs,
executors and administrators firmly by these presents. Witness our hands and
seals at Elizabeth this 22nd day of November A.D. 1849. The conditions of
the above obligation is such that if the above bounded Alvin McDonald
administrator of all and singular the goods and chattels, right and credits
of Robert McDonald deceased, shall come to be made or make a true and
perfect inventory of all and singular the goods and chattels, rights and
credits of the said deceased which have or may come to the hands of
possession of him, the said Alvin McDonald or into the hands or possession
of any, and for him, and the hands so made shall return and exhibit in the
office of the Clerk of the Court of Probate for the County of Jackson within
sixty-days from the date of the above obligation, and all and singular the
goods and chattels, rights and credits of the deceased which may come to the
hands, possession, or knowledge of the said Alvin McDonald, shall well and
truly administer according to law and pay the debts of the deceased as far
as his assets will extend and the law directs, and further make or cause to
be made, just and true accounts of his administration & make due and proper
settlements thereof from time to time according to law, or the lawful order,
sentence or decree of any court having competent jurisdiction, and shall
moreover well and truly do and perform all other matters and things touching
such administration that are or may be prescribed by law or enjoined on such
administration by the lawful order, sentence or any court of competent
jurisdiction, then the above obligation to be void and of no effect,
otherwise to remain in full force and virtue.
In testimony whereof, we have hereunto set our hands and affixed our seals
the day and year first above written.
Alvin McDonald
Edward H. McDonald
Thompson Harl
R.H. McDonald
In the presence of:
A.H. LOGAN, Clerk.
Filed and recorded in Record Book B, page 45, November 22nd 1849.
A.H. LOGAN, Clerk.
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Jackson County, Arkansas Letters of Administration Book B, pp. 45-46.
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In the Distribution of the property of
Robert McDonald Deceased
Now on this day comes into court Susan Harl, Mary Ann Harl, Jane Harl,
Robert Harl, James Harl, Alonzo Harl, Bolivia P. Harl infant children of
Susan Harl, deceased, by Thompson Harl their father & next friend; Edward
McDonald, Louis McDonald & an infant child, infant children of Alexander
McDonald, deceased, by their next friend Alvin McDonald; Edward McDonald,
Robert H. McDonald & Alvin McDonald & make their applications to the Probate
Court held by a Special Judge for a Sale of certain property belonging to
the Estate of Robert McDonald & for distribution of the proceeds thereof
among the several persons entitled to a distributable portion of the Estate
of Robert McDonald deceased.
Which, application is made by petition & alleges that the property sought to
be sold & distributed consists of four negroes, to wit: Horace, Andy, Amy &
her child, & that the proceeds thereof after paying the expenses of the sale
& administration & debts (which are averred to be few in number) should be
divided into eight parts, of which distributable portion, among the heirs of
Robert McDonald: the children of Susan Harl, deceased, are entitled one
eighth part which is shown to the court to access through s(ai)d Susan Harl
deceased, being a daughter of s(ai)d Robert McDonald deceased; the s(ai)d
children of Alexander McDonald deceased, who was a son of s(ai)d Robert
McDonald deceased are entitled to one eighth part; the s(ai)d Robert H.,
Edward & Alvin are also entitled as each, to one eighth part hereof by being
sons of s(ai)d Robert McDonald (deceased); & that Ann Stone, wife of
Fountain Stone of Sevier County of this State is entitled to one eighth
part; Mary Swan, wife of Wilson H. Swan of Mississippi to one eighth part; &
James M. McDonald of Sevier County in this State to one eighth part; which
s(ai)d James, Mary & Ann are children of said Robert McDonald deceased.
And it appearing to the Court from consideration of the premises that the
s(ai)d slaves cannot be divided & that due notice has been give to the
parties interested who do not join in this petition, it is by the Court
ordered, considered & determined that s(ai)d application be granted & the
property sold on the terms, time & place to be hereinafter specified.
And it also appearing from premises within view of the Court that there will
be a necessity for use by the Administrator of Robert McDonald for a sum of
money to pay the expenses of the Administration of (or from) the s(ai)d
sale, & certain debts allowed against the Estate of s(ai)d Robert, which sum
amounts to about twelve hundred Dollars. It is therefore ordered &
considered that s(ai)d sum of the proceeds of s(ai)d sale be turned over to
Alvin McDonald the Administrator of the Estate of s(ai)d Robert McDonald to
be by him applied according to law in the settlement of s(ai)d Estate.
And it is further ordered & considered that the excess which the s(ai)d
Negroes shall bring over twelve hundred dollars be divided into eight equal
parts of which one part shall be paid to those entitled to distributive
portions of the Estate of Robert McDonald as above stated & that if any of
s(ai)d persons so entitled any of s(ai)d slaves, their receipt for the
amount to which they are entitled shall be received as payment to that
amount.
And it is further ordered & considered that s(ai)d slaves be sold at public
auction to the highest bidder who shall give his note with good security
therefor, payable in twelve months from the time of sale; that the sale be
at the house of William May in Breckenridge township in Jackson County on
Saturday the 23d of February, 1850.
And it further ordered & considered that James I. Waddle be appointed
commissioner to carry s(ai)d sale into effect; that he be empowered &
enjoined to carry into effect the requisitions of this order; that he
advertise the terms, time & place of s(ai)d sale with a description of the
property to be sold by putting up notices thereupon on of the most public
places of Jackson County twenty days before the day of sale.
The Hon. John Robinson was disqualified from presiding on the above
application in consequences of being connected by affinity with Alvin
McDonald one of the parties who is his son in law.
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Jackson County, Arkansas Probate Book A, pages 167-168.
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