Estate of Amos W. Haynes
Partition of Lands
October 18, 1894
In the matter of the partitioning of the lands belonging to the estate of Amos Haynes, deceased, as this application of (Michael) M. C. Whalen, executor, it appearing to the court that Blanche Haynes and the minor R. D. Haynes, heirs and legatees of said decedent had been duly cited and J. D. Owen, Esq., having been appointed by the court guardian ad litem of said minor, after citation duly served upon him, on this day came the parties in their own proper person or by attorneys and file in this court an agreement in writing for partition of the lands of the estate aforesaid, which said agreement appearing to the court to be a fair partition, is hereby adopted as the basis for the following decree, to wit:
The land to be partitioned consists of two tracts of land situated in Jackson County, Texas, the same being parts of the Ramon Musquez five and a half league grant, one of fourteen hundred (1,400) acres and the other being an undivided one-half of three hundred acres (150 acres), said two tracts being described as follows:
First – 1400 acres. Beginning at the mouth of a branch on the west side of the Lavaca River, thence up said branch at 345 varas to west bank of same;
Thence with marked line S 44° W (no variation) at 743 varas to old hewed live oak posts (N of fence 7-2/5 varas), at 1,582 varas to a fence on line (jig in fence 14-3/5 varas), at (with fence same course) 6,638 varas (6,146 yards) to post in corner of fence at hedge;
Thence S 28½° E with hedge fence 590 varas (546 yards) to post for corner;
Thence N 50° E 9,350 varas (8,657 yards) to corner on bank of the river; thence up the river with its meanders to place of beginning.
Second – 300 acres. Beginning on the west bank of the Lavaca River at a stake from which a live oak 16 inches in diameter marked “X” bears S 37¾ W 130 varas, it being the NE corner of a tract of 213⅓ acres of land surveyed for Robert (S.?) Haynes;
Thence S 50° W 1,399¾varas (1,296 yards) to corner in prairie;
Thence N 40° W 1,000 varas (926 yards) to corner in lower line of the above described 1,400 acre tract;
Thence N 50° E with said line 1,956¾ varas (1,802 yards) to corner;
Thence S 40° E 300 varas (278 yards) to river; thence down the river with its meanders to place of beginning.
It is therefore ordered adjudged and decreed by the court that in pursuance of the said agreement, the several parties do have and secure as their shares the following described lands, to say:
First – The interests of said Blanche Haynes and said minor R. D. Haynes to be set apart in so lido and they jointly as tenants in common to recover of all from M. C. Whalen and M. Julia Whalen his wife the following described tract of land, to wit:
Beginning at the mouth of a branch on the west side of the Lavaca River; thence with said branch at 345 varas to west bank of same;
Thence with marked line S 44° W (no var.) at 743 varas to old hewn live oak gate posts (north of fence 7-2/5 varas) at 1,582 varas to a fence on line (jog in fence 14-3/5 varas), at (with fence same course), 6,638 varas to (6,146 yards) post in corner of fence at hedge;
Thence S 28½° E with hedge fence a sufficient distance so that a line running back to the Lavaca River parallel with the first line; thence up the river with its meanders to place of beginning will include an area of seven hundred and seventy-five (775) acres;
Said if it be necessary in order to embrace the said number of acres within the above boundaries to take a portion of a tract of land owned by M. C. Whalen adjoining the said 1,400 acre tract, the same shall be taken and embraced therein; the said M. C. Whalen having consented and agree thereto. And it is further decreed that the title of the said M. C. Whalen and M. Julia Whalen, in and to the said described seven hundred and seventy-five (775) acres of land or any part thereof is hereby divested, and the title to said land is hereby vested in the said Blanch Haynes and R. D. Haynes, absolutely as tenants in common.
Second – It is ordered adjudged and decreed that the said M. Julia Whalen do recover of and from the said Blanche Haynes and the said R. D. Haynes the following described lands today: all the remainder of the land described in the said 1,400 acre tract not herein decreed to the said Blanche Haynes and R. D. Haynes, and the whole of the undivided one-half interest in the above described 300 acre tract, and the title thereto is hereby fully vested in the said M. Julia Whalen, and all of the title thereto of the said Blanche Haynes and the said R. D. Haynes is hereby divested.
It is further ordered and decreed that the said M. C. Whalen and M. Julia Whalen pay all costs in this behalf expended, including a fee of twenty dollars to J. D. Owen, Esq., which is allowed him by this course for acting as guardian ad litem of the said minor R. D. Haynes, for all of which execution may issue.
McDowell and Owen, attorneys
Partition of Lands
October 18, 1894
In the matter of the partitioning of the lands belonging to the estate of Amos Haynes, deceased, as this application of (Michael) M. C. Whalen, executor, it appearing to the court that Blanche Haynes and the minor R. D. Haynes, heirs and legatees of said decedent had been duly cited and J. D. Owen, Esq., having been appointed by the court guardian ad litem of said minor, after citation duly served upon him, on this day came the parties in their own proper person or by attorneys and file in this court an agreement in writing for partition of the lands of the estate aforesaid, which said agreement appearing to the court to be a fair partition, is hereby adopted as the basis for the following decree, to wit:
The land to be partitioned consists of two tracts of land situated in Jackson County, Texas, the same being parts of the Ramon Musquez five and a half league grant, one of fourteen hundred (1,400) acres and the other being an undivided one-half of three hundred acres (150 acres), said two tracts being described as follows:
First – 1400 acres. Beginning at the mouth of a branch on the west side of the Lavaca River, thence up said branch at 345 varas to west bank of same;
Thence with marked line S 44° W (no variation) at 743 varas to old hewed live oak posts (N of fence 7-2/5 varas), at 1,582 varas to a fence on line (jig in fence 14-3/5 varas), at (with fence same course) 6,638 varas (6,146 yards) to post in corner of fence at hedge;
Thence S 28½° E with hedge fence 590 varas (546 yards) to post for corner;
Thence N 50° E 9,350 varas (8,657 yards) to corner on bank of the river; thence up the river with its meanders to place of beginning.
Second – 300 acres. Beginning on the west bank of the Lavaca River at a stake from which a live oak 16 inches in diameter marked “X” bears S 37¾ W 130 varas, it being the NE corner of a tract of 213⅓ acres of land surveyed for Robert (S.?) Haynes;
Thence S 50° W 1,399¾varas (1,296 yards) to corner in prairie;
Thence N 40° W 1,000 varas (926 yards) to corner in lower line of the above described 1,400 acre tract;
Thence N 50° E with said line 1,956¾ varas (1,802 yards) to corner;
Thence S 40° E 300 varas (278 yards) to river; thence down the river with its meanders to place of beginning.
It is therefore ordered adjudged and decreed by the court that in pursuance of the said agreement, the several parties do have and secure as their shares the following described lands, to say:
First – The interests of said Blanche Haynes and said minor R. D. Haynes to be set apart in so lido and they jointly as tenants in common to recover of all from M. C. Whalen and M. Julia Whalen his wife the following described tract of land, to wit:
Beginning at the mouth of a branch on the west side of the Lavaca River; thence with said branch at 345 varas to west bank of same;
Thence with marked line S 44° W (no var.) at 743 varas to old hewn live oak gate posts (north of fence 7-2/5 varas) at 1,582 varas to a fence on line (jog in fence 14-3/5 varas), at (with fence same course), 6,638 varas to (6,146 yards) post in corner of fence at hedge;
Thence S 28½° E with hedge fence a sufficient distance so that a line running back to the Lavaca River parallel with the first line; thence up the river with its meanders to place of beginning will include an area of seven hundred and seventy-five (775) acres;
Said if it be necessary in order to embrace the said number of acres within the above boundaries to take a portion of a tract of land owned by M. C. Whalen adjoining the said 1,400 acre tract, the same shall be taken and embraced therein; the said M. C. Whalen having consented and agree thereto. And it is further decreed that the title of the said M. C. Whalen and M. Julia Whalen, in and to the said described seven hundred and seventy-five (775) acres of land or any part thereof is hereby divested, and the title to said land is hereby vested in the said Blanch Haynes and R. D. Haynes, absolutely as tenants in common.
Second – It is ordered adjudged and decreed that the said M. Julia Whalen do recover of and from the said Blanche Haynes and the said R. D. Haynes the following described lands today: all the remainder of the land described in the said 1,400 acre tract not herein decreed to the said Blanche Haynes and R. D. Haynes, and the whole of the undivided one-half interest in the above described 300 acre tract, and the title thereto is hereby fully vested in the said M. Julia Whalen, and all of the title thereto of the said Blanche Haynes and the said R. D. Haynes is hereby divested.
It is further ordered and decreed that the said M. C. Whalen and M. Julia Whalen pay all costs in this behalf expended, including a fee of twenty dollars to J. D. Owen, Esq., which is allowed him by this course for acting as guardian ad litem of the said minor R. D. Haynes, for all of which execution may issue.
McDowell and Owen, attorneys