Probate; 1872-Partition & Distribution-Headright of Geo. M. Martin-Van
Zandt Co., TX;

Contributed for use in USGenWeb Archives by Elnora Frances Cook-Wyrick
<ejwaa@worldnet.att.net>


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Book O, Pages 662, 663, 664 and 665:
Partition & Distribution-Headright of Geo. M. Martin;
June Term  of 1872; District Court of Van Zandt County;
Signed: July 24th, A. D. 1872
Rebecca Mundane and  Samuel Murrell, Heirs of :
Edward Murrell Jr., Deceased
John C Robertson and  Amanda (Mundane ?)
Verses; Richard Wells ; Defendant


Now comes Daniel Scroggins,  John G. McBee, Daniel Kaufman three of the
commissioners appointed at the last term of this Court to Partition and
divide 480 acres of land of the Headright of Geo. M. Martin, situated
in the County of Van Zandt and make their report and it appearing to the
satisfaction of the Court that said Commissioners have divided said
land according to the order, direction and decree ordered at the last term
of this court.
It is therefore ordered in accordance with the report of said
Commissioners that the following tract of land a part of Said 480 acres, be
and
the same is set apart to Amanda Mundane and the title thereto vested in
her, and divested from the other parties to this suit to wit; forty
acres in survey No.1 of said Report.
Beginning at a rock on the prairie the corner of a 480 Acre Survey
Patented to
G. W. Martin.
Thence S. 45 degrees E. at 650 varas a Stake on Prairie the s. corner
of H.M. Daugtrey’s Survey;
Thence S. 45 degrees W. at 650 varas a rock and mound for corner;
Thence N. 45 degrees E. at 346 1/10th varas to the Beginning;

It is further ordered adjudged and decreed that the following described
tract of eighty eight acres of land a part of said 480 acres be set
apart and the title thereto vested in the “Defendant Richard Wells,” and
the title thereto divided from all the other parties to this suit, to
wit:
Beginning at a rock and mound on prairie the S. corner of Lot No.1;
Thence  @. 45 degrees W. at 20, 910 vs a rock for corner;
Thence S. 45 degrees E. at 148 2/10ths varas a rock and mound for
corner;
Thence S. 45 degrees W. at 600 5/10ths varas a Post from which a
(frond?) brs 7,110 vrs;
Thence N. 45 degrees W. 798 8/10ths vrs a Post Oak from which a
Persimmon 8 inches in dia. brs. S. 15 degrees W. 121 vrs;
Thence N. 45 degrees S. 626 4/10ths vrs a Post Oak the West corner of
North;
Thence S. 45 degrees E. at 650 vs to the Beginning;

It is further ordered and decreed by the Court that the following
described tract of land a part of the said 480 acres be set apart to Samuel
Murrell and the title of all the other Parties of this suit be divested
and vested in the Said Samuel Murrell to wit; 88 acres to wit;
Beginning at a stake and mound on the prairie the 2nd and E. corner of
Survey to and on (9/10?) on the No. E. line of Said Martin Survey.
Thence S. 45 degrees E. 618 6/10ths varas a Rock for corner;
Thence S. 45 degrees N. at 803 varas to rock for corner;
Thence N. 45 degrees a 1618 ?/10ths 7 vrs a post (1/25-110?) from which
a (clump?) of (Coke/Oak? Bushes?) bears S. 77 degrees W. 68 vrs;
Thence N. 45 degrees E. at 803 vrs to the Beginning;
(4th)It is further ordered, adjudged and decreed by the Court that the
following tract of 88 acres of land a part of Said 450 acres be set
apart to Rebecca Mundane and the title of all Parties to this suit be
divested and the same vested in the same Rebecca Mundane,
to wit;
Beginning at a rock on the prairie the East corner of Survey No. 3.
Thence S. 45 degrees West with said  Martin Survey,  at 803 vrs a post
to pl. corner of said Martin Survey, No. bearings;
Thence N. 45 degrees West  618-6/10ths vrs a Post Oak S. corner of
Survey No. 3;
Thence N. 45 degrees E. North the N.E. line of No. 3. At 503 varas to
the Beginning;

(5th) It is further ordered, adjudged and decreed that the following
described tract of 88 acres of land a part of said 480 acres be set apart
to John C Robertson the (word is unreadable) of  William Murrell, title
of all the other Parties be divested and the same is hereby vested in
the Said John C. Robertson to wit:
Beginning  at a Post the West corner of Survey No. 3 a part from which
a clump of Oak brs. S. 88 N. 68 vrs.
Thence North 45 degrees E. at 19 degrees  1-5/10ths varas at a Posts
the South corner of No. 2. From which a Pond brs W. 10 varas.
Thence N. 45 degrees W. at 798-8/10ths varas a Rock the west corner of
No. 2. From which a Persimmon 8 inches dia. brs S. 15 degrees W. 120
varas;
Thence S.  45 degrees W. at 600-5/10ths varas a Post from which and Elm
12 inches dia brs N. 86 E. about 200 varas;
Thence S. 45 degrees E. at 260 varas brs (?) E 21 vs wide 410
varas-line tree Persimmon 6 inches in dia. at 890 varas a Post from which a
Persimmon 6 inches in diameter brs N. 32 W. 168 varas;
Thence N. 45 degrees E. at 403 varas to a creek;
Thence N. 65 degrees W. at 289 varas to the beginning;

(6th) It is further ordered, adjudged and decreed that the following
described tract of Land be set apart to John Murrell, Isabella Murrell,
Laura Murrell, Alice Murrell and Edward Murrell , survivors and children
of Edward Murrell Jr., deceased to wit;
88 acres from the title of all the other Parties to this suit be
divested and the same vested in the said Survivors and Children of Edward
Murrell Jr. Deceased to wit;
Beginning at a Post the west corner of Survey No. 5. From which an Elm
12 inches in dia.
brs 7686 E. about 200 vrs .
Thence S. 45 degrees W. at 547 varas a Post the corner of said survey
from which a Forked Hackberry brs S. 47-1/2  E. 4 varas;
Thence S. 45 degrees E. at 870 varas from which a Locust brs N. 5 E.
392 varas;
Thence N. 45 degrees E. at 547 varas a post  the corner of Survey No.
5. From which a Persimmon two inches in dia. brs N. 32 degrees W. 160
varas;
Thence N. 45 degrees W. with No. 5 at 890 varas a Post the Place of
Beginning;

It further appearing to the court that the following diagram as made by
Said Commissioners a correct Partition of Said Land and how the same
was done. It is ordered that the same be inserted and constitute a part
of this Decree.

Author’s Note: I prepared this description, it is not part of the
original deed. Elnora Frances Cook-Wyrick.
Picture of Diagram showing 6 divisions in the shape of a (top
heavy/leaning “T”) described as follows:
Top of  “T”,  top to bottom:
Division #1. NE to SW 40 acre section  labeled to A. Mundane
Division #2. NE to SW 88 acre section labeled to Richard Wells
Division #5. NE to SW 88 acres labeled to J.C. Robertson
Division #6. NE to SW 88 acres labeled to Murrell Heirs
Bottom of “T”:
Division #3. NW to SE 88 acres labeled to Sam Murrell
Division #4. NW to SE 88 acres labeled to Rebecca Mundane

They further report that they were engaged on Said Land one day and one
day co-making this report , making two days each,  and one of the Said
Commissioners was also engaged one other day  to procure the services
of a Surveyor making a total  sum of  seven days.  They further report
that they engaged the service of the County Surveyor J.C. (Peavy/Perry
?)  and he renders in his account as follows;
Survey:			  	$10.00
To the Commissioners 7 days		$14.00
all of which they respectfully ask may be decreed  to be paid, and
that they be discharged.
Signed:
J.C. (Peavy/Perry?),
D. W. Scroggins,
D.  (H/W ?) (Coffman/Kaufman?)
J.G. McBee
Sworn to and Subscribed before me this 24th Day of June A.D. 1872.
Signed: F.M. Hobbs, Clerk District Court, Van Zandt County, Texas

And it appearing to the Court that the said Commissioners D.W.
Scroggins, John G. McBee and Daniel Coffman appointed by this Court at the
last
term to Partition and divide 480 acres of land granted to Geo. W.
Martin by Patent  No. 27 recorded in Vol. 8 between the parties named in
said order of appointment and that they did go upon the Said Land and did
Partition the Same according to quantity and quality, the amount of
Land of each is respectfully entitled to under the decree of the Court and
that the diagram is to accompany each report showing Said division
numbered from one to 6 inclusive is also correct. Said report is in all
things fully confirmed  and Said Commissioners are discharged.

And it is further ordered and decreed that the parties to this suit pay
the costs of the same in accordance  to the proportions of their
respective shares and that executors issue against land of each party for
their respective  shares of the costs herein laid out and expended.

The State of Texas]
County of Van Zandt ]
I, F.M. Hobbs, Clerk of the District court within and for Said County
do hereby certify that the above and foregoing is a true and correct
copy of the decree ordered in said Court at the June Term A.D. 1872 of the
District Court of Van Zandt County as appears on the Minutes of said
Court pages  444, 445, 446, 447 and 448.
Given under my hand and Seal of Office  at Canton, Texas, July 24th
A.D. 1872
Signed:  F.M. Hobbs, Clerk District Court, Van Zandt County, Texas
[LS]

Filed in Office for record July 16th A.D. 1872 at 4 O’clock P.M.
Recorded July 26th A. D. 1872 2 O’clock P.M. pages 662, 663, 664 and
665, in Book “O” Record of Deeds.
Signed: F. M. Hobbs, Clerk District Court, Van Zandt County, Texas.