To the Honorable James H. Mars, Judge of the Probate Court for the County of Grayson & State of Texas, in vacation.
Your Petitioner. Franklin Colbert, would respectfully represent to
your Honor that Alexander G. Allen, a citizen of the State of Mississippi
departed this life some time in the year 1845, (intestate), leaving four
children all minors
under the age of twenty one years, to wit Sally, Elizabeth, James A. and Martha
Allen, his children and heirs at law.
Your Petitioner would represent to your Honor that Alexander G. Allen, left a large amount of property consisting of land, negroes & other goods and chattles, &c, and your Petitioner would represent to your Honor that one John B. Rogers was appointed administrator of said Estate in the County of [Desoto struck through] Shelby & State of [Mississippi stuck through] Tennessee shortly after the death of said Allen and by the operation of the Laws of said State of Mississippi a final settlement of sd Estate will shortly take place, and your petitioner would represent that there will be a large amount of property left in the hands of said administrator after paying off all the debts and liabilaties of the sd Estate.
And your petitioner being their cousin and next of Kin, to said minor heirs of sd Allen Deceased, prays your Honor to grant him Letters of Guardianship for sd the sole heirs at law of sd Alexander G. Allen Deceased so that the ends of Justice and equity may be had in the premises and your Petitioner as is duty bound will ever pray &c.
B. F. Colbert
Oct 25th A.D. 1847.
The State of Texas}
Grayson County }
Know all men by these presents that I Calvin L. Love as principal and Robert Atchinson & W. H. Duncan as security and held and firmly bound unto James R. Oneal Chief Justice of said County and his successors in office in the just and full sum of Twelve thousand dollars to be paid to the said James R. Oneal, Chief Justice as afore said or his successors in office in trust for the benefit of the Children here after named Committed to the Guardianship of the said Calvin L. Love for which payment will and truly to be made, we bind ours and each of our heirs, executors and administrators jointly and severaly and firmly by these presents sealed with our seals (in scrawl) and dated the 29th day of October A.D. 1849.
The condition of the above obligation is such that whereas the above bound Calvin L. Love was on this day constituted and appointed Guardian for Sarah, Elizabeth, James and Martha Allen minor heirs of Alexander G. Allen deceased. Now if the said Calvin L. Love shall fully execute his said Guardianship that shall come into his possession for the benefit of the said minor heirs as aforesaid untill they shall arrive at full age or sooner if there unto Required and then Render in full and true account of his Guardianship on oath before the judge of our said court and deliver up, pay to or possess each of the said minors Respectfully of all such estate or estates as they ought to be possessed of or to such others persons as shall be Lawfully impowered or otherised to Receive the same and all the profits arising therefrom, then this obligation to be null and void other wise to Remain in full force and virtue, the day and date herein written.
Calvin L. Love{seal}
Attest } Robert Atchinson{seal}
Wm. H. Duncan{seal}
The foregoing Bond approved by me this the 29th October A.D. 1849
J. R. Oneal Chief Justice G.C.
I Calvin L. Love do Solemnly Swear that I will well and truly perform all and singular the duties required of me as Guardian of Sarah, Elizabeth, James and Martha Allen, Minor heirs of Alexander G. Allen Decd., to the best of my skills and ability, and in accordance with Law &c so help me God.
Calvin L. Love
Sworn & subscribed to the 29th Day of October A.D. 1849,
Attest Wm. D. Fitch clerk CC G.C.
State of Texas }
Grayson County }
In probate court January term
To the Hon Hugh F. Young Chief Justice your petitioner Thos. L. Mitchell most respectfully informs your Hon. That Alexander Allen died in the state of Tenn. leaving and estate &c that there are two heirs James Allen & Martha Allen of said estate under the age of twenty one years. The said heirs having removed to this state leaving their estate undisposed of. Therefore your in view of the premises prays that letters of Guardianship be granted to your petitioner of the property of the said Alexander Allen decd., and that he the said Thos. L. Mitchell be ordered to take possession of all the effects that may be due or here after may become due the said James & Martha are infants under the age of twenty one years and as in duty bound your petitioner will ever pray &c.
This Jan. the 17th, 1854.
Thos. L. Mitchell
Bond
State of Texas }
County of Grayson }
Know all men by these presents That We Thomas L. Mitchell and George R. Reeves, Henry C. Atchison all of the County of Grayson in the State of Texas, are held and firmly bound unto James Allen and Martha Allen, heirs at law of Alexander G. Allen, their executors and administrators in the sum of four Thousand Dollars lawful money of said state for the well and truly payment of which we bind ourselves, our heirs, executors and administrators jointly severally and firmly by these presents, sealed with our hands and dated this the 30th Day of January A.D. 1854.
The condition of the above obligation is such that whereas the said Thomas L. Mitchell has this day been appointed guardian in the Probate or county Court of the County of Grayson and State of Texas of the said James Allen and Martha Allen who are minors specially to receive their share of the proceeds of a certain tract of land of about three hundred and ninety seven acres jointly by them and others in Shelby County in the State of Tennessee and which has been or will be, by order or Decree of the Chancery side of the Common law per Chancery Court of the City of Memphis in the said state, Converted into money for the purposes of division and which it is proper shall be removed to the State of Texas Where said minors reside. Now Therefore if then the said Thomas L. Mitchell shall receive the shares of the said James and Martha Allen arising from the sales of the lands aforesaid, he shall and does well and truly account for and pay over the same with all accruing interest and profit thereon to the said James and Martha Allen, as by the laws of the State of Texas has been or shall be proscribed in reference to the duties of guardian therein, and shall and does in all things well and truly discharge his duties as guardian of said fund, then the above obligation shall be void, otherwise the same shall remain in full force and affect.
In witness whereof, we have here set our hands and seals the day and date above written.
Thos. L. Mitchell{Seal}
G. R. Reeves{Seal}
Henry C. Atchison{Seal}
I Thomas L. Mitchell do Solemnly Swear that I will faithfully and
impartially discharge all the duties required of me as the Guardian of the
person and Estate of James Allen and Martha Allen to the best of
my skill and ability so help me God.
Thos. L. Mitchell
Sworn to and subscribed before me January 30th 1854,
S. Bostick clerk
Examined and approved Jany. 30th, 1854,
Hugh F. Young Chf Justice
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