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John Swanson Yarbrough Archives
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Last Updated on Tuesday, 16-Aug-2005 01:42:10 MDT
Gonzales Co., TX - May - October 1850: Swanson Yarbrough administrator of the Estate of John Castleman
 

sticky note = there was a sticky note on top of this document when copies were made.  I have placed (sticky note) in the places where I was unable to read this document.

Definition
administrator de bonis non = An administrator appointed to administer the remaining assets in the estate when the preceding administrator or executor can or will no longer perform
de bonis non administratis, from Medieval Latin, of the goods not administered (by the executor)]
Concerning the goods of a decedent that are not yet administered
 

[ Transcription of Document 1 ]
The State of Texas
Gonzales County
        Know all men by these presents that I Harrison
Askey of said County and state for and in consideration of the sum
of One hundred and Eighty seven Dollars and Thirty five cents
(sic) (sic) in hand paid by Swanson Yarbrough Administrator
(sic) (sic) of the Estate of John K Castleman decd of Houston
County and state of Texas_(sic) (sic) whereof I do hereby
acknowledge have barained sold and released and by the
presents bargain sell and release unto the sid Yarbrough
a certain Tract of land containing Three hundred and Ninety N(sic)
acres more or less situated in Gonzales County and State of Texas
in the Sandie about 20 miles West of the Town of Gonzales
said 399 acres of land being a part of a League of land known
as the John K Castleman League in the Sandies in Gonzales County
keeping one of the promissary Leagues of Land of (sic) Lockhart (sic)
said 399 acres is to (sticky note) the South East corner of said
League as follows (sticky note) South East corner of said
League Thence with (sticky note) line of said League
one half of a Mile (sticky note) East line Thence into said
League parallel (sticky note) boundary line of said League
One mile and (sticky note) a stake (sic) parallel
with the East line (sticky note) half of a mile to the (sic)
line to the (sic) of Beginning continuing 399 acres more or less-
I have and to hold said Land (sic) him the said Yarbrough his
heirs and assigns forever (sic) free simple together with all and
singular the (sic) (sic) hereditaments to the same belong
(sic) in any maner incedent or assertaining as (sic)
and (sic) by way of seal on this the 5th day of June A D
1850
    But the condition of this Deed as such that whereas
the said Askey did on the 7th day of May 1850 execute his prom
issory note in writing payable to Swanson Yarbrough admst.
of John K Castleman decd on order for One hundred & Eighty
seven Dollars and Ninety five cents dated May the 7th 1850
and payable in or before the 4th day of Dec 1850 Which notes
(sic) and several and also signed by John J Hodges and Wm
(sic) and witnessed by John Monroe.  Now Wherefore if the
said Askey shall pay said Note or cause the same to be paid at
maturity then this Deed shall be null and void (sic) in
full force and effect.                            Harrison (his X mark) Askey
Witness
Wm H Stewart
F. Chenault

[ Transcription of Document 2 ]
Given under my hand and official seal this 7 day of October
A D 1850                                            F Chenault
                                                            Clk C Ct G Co
 

Filed October 7th 1850 at 4 PM
Recorded October 25th 1850 at 1 P.M.
 

The State of Texas
Gonzales County
                        Whereas I Swanson Yarbrough Admst. of (sic)
                        of the Estate of John K Castleman decd after Legal
notice did sell at public auction on the 7th day of May A D 1850 within the
(sic) prescribed by Law at the Court house door of Gonzales County in
said state the Trust of land henceafter described and P H Lowe at said sale
became the purchasor of the Trust hereby (sic) for the Sum of Eighty
seven dollars and thirty one cents & (sic) And I having returned a Sale
Bill of the same to the County Court of Houston County the following order of
confirmation & conveyance was rendered by said Court in (sic) & (sic)
State of Texas Houston County. County Court pertaining to Estae July Term 1850-
Swanson Yarbrough admst de bonus non of the Estate of John K Castleman decd having
filed his account of the sale of real Estate lying in Gonzales County by which it ap-
pears that John S Hodges became th purchaser of One Thousand acres of land more
or less to be taken and of the League of land in the Sandies in Gonzales County known as
the John K Castleman League, lieing one of the premisis Leagues of Byrd
Lockhart as follows.  Beginning on the East boundary line of said League at
the South East corner of the 1000 acres hencetofor sold by said Admst. out of said
League to Benjamin Adams which sale has been (sic).  Thence in a straight
line to the (sic) west (sic) of said Adams 1000 acres (sic) Thence in a direct line to the
South East corner of a tract of about 1100 acres out of said League heretofore sold by said
Adms to (sic) Thence in a straight line to north west corner of a tract (sic) (sic)
league containig 399 acres heretofore sold by said Adms to H Askey  Thence in a direct line
to the North East corner of said Askey Tract Thence ina dirct line to the fence of
Bejinning for this sum of Two hundred Dollars and P A (sic) the (sic) of
Nine hundred and Nine acres of land (sic) being part of said League and
lying West of said 1100 acres Tract heretofore sold by said Adms to said (sic) and 399 acres
tract heretofore sold by said Adms to _ Askey for the sum of Eighty seven Dollars and
31 cents _ and the court having carefully examined the same and being satisfied that said
sale was fairly made and in confority with law.  This therefore ordered (sic) (sic)
by the court that the said sale be and is hereby in all things approved & (sic) and that
said Sale Bill be recorded and that the administrator be ordered to make (sic) according
to the pruchasers Thereof  Therefore known all men by these presents that I Swanson
Yarbrough Adms (sic) (sic) of the Estate of John K Castleman decd and
(si) a Resident in Gonzales County and state aforesaid for and in Sonsideration
of the said sum of Eighty seven Dollars & 31 cents to me in hand paid by said P H
(sic) of said county of Gonzales & State of Texas and by virtue of said Sale & decree of confirmation
& conveyance have bargained sold & conveyed (sic) these presents do bargain sell release &
convey unto the said Lowe all of the rights (sic) interst (sic) claim of the said Estate of said Cas
tleman to said tract sold as aforesaid to said Lowe and described as followes-
Beginning at the South boundary line of said league of land known as the Castleman
League in the Sandies in Gonzales County being one of Byrd Lockhart p(sic) Leagues
about 20 miles west of the Town of Gonzales in said State at a stake the South West
of H Askeys Tract of 399 acres out of said League Thence with the (sic) boundary
line of said League to the South West corner of said League  Thence with the (sic)
boundary line of said League to the North West corner of said League.  Thence with the
upper Northern boundary line of said League to the N W corner of an 1100 acre Tract
of F H (sic) of said League Thence with the (sic) boundary line of said 1100 acres
Tract to the S W corner thereof Thence with the South boundary line of said 1100 acre tract
to the S E corner of said 1100 acres tract Thence in a straight line to the N West corner of said Askeys
399 acre tract.  Thence in a straight line to the place of Beginning continuing nine hundred
and nine acres of land more or less To have and to hold said land unto him the said
Lowe his heirs and assigns (sic) (sic) together with all & singular (sic)
[ Transcription of Document 3 ]
(sic members here detarments to the same belonging or in any maner incident or asspertaining
witness my hand and seal and by way of seal this 20th day of September AD 1850
Witness                                                                        Swanson Yarbrough (seal)
Wm H. Stewart                                                            adms de bonus non of the
Wm M Phillips                                                              Estate of John K. Castleman decd.

The State of Texas
Gonzales County
                         Before me F. Chennault clerk of the County Court of the aoresaid County this
                        day personally appeared Swanson Yarbrough known to me who (sic)
(sic) the (sic) of the foregoing Deed of Conveyance to P H Lowe on the day of the Note thereof
(sic) the consideration and purposes therein set forth.
                    Given under my hand and official seal this 17th day of October A.D. 1850
Filed for Record October 17th 1850 at 10 AM                                    F. Chenault
Recorded October 23 1850 at 2 P M                                                    Clk Co Ct G C
 

The State of Texas
Gonzales County
                                Know all men by these presents that J P Love of said County & State for
and in consideration of the sum of Eighty seven Dollars & thirty one cents to me in hand paid by Swanson
Yarbrough adms de bonus non of the Estate of John K Castleman decd the receipt whereof is hereby acknowl
edged have bartgained sold and released and by these presents do bargain sell and release unto the said
Yarbrough adms as aforesaid Nine hundred and nine acres of land more or less situated in Gonzales
County in and State about 20 miles West of the Town of Gonzales in the Sandies, to be taken out of the
League of land known as the Castleman League (sic) one of Byrd Lockhart (sic) Leagues and
said 909 acres of land is discribed as follows.  Beginning at a stake on the South boundary
line of said league of land at the S. W corner of H Askeys Tract of 399 out of (sic) legue, sold
by said adm4 to said Askey.  Thence with the west boundary line of said league to the
North West Corner of said league Thence with the upper or northern boundary line or lines
of said league to N W conrner of a Tract of 1100 sold to me out of said League by said adm
Thence with the W boundary line of said 1100 acre Tract, Thence in a straight line to the S W corner
of said Askeys land 399 acre Tract.  Thence in a straight line to the fence of Beginning Con
taining 909 acres of land more or less.  To have & to hold said land unto him the said Yarbrough
Admr ate aforesaid his heirs & assigns (sic) in for Simple together with all & singular
the (sic) members hereditaments & assuratenances to the same belonging or in anymanner
(sic) in assertaining As witness my hand and scrawl by way of seal this the 2?th day
of September A D 1850.  But the condition of this Deed is such that whereas the said
Yarbrough admr as aforesaid for Eighty seven Dollars & thirty one and a quarter cents
dated May 7th 1850 and payable 12 months after date (sic) if the said Love shall well and
truly pay the said note, or cause the same to be paid then the Deed shall be null
and void_otherwise of full force and effect_
Witness                                                                            P H Love (seal)
Wm H Stewart
Wm M Phillips

The State of Texas
Gonzales County
                             This day personally appeared before me F. Chenault Clerk of the
                             County Court of said county Phillip H Love known to me who
acknowledged the Execution of the foregoing Mortgage Deed to Swanson Yarbrough
on the day of the date thereof for the consideration of purposes therein set forth
                    Given under my hand and official seal this 17th day of October A D
                    1850                                                        F. Chenault
Filed October 17th 1850 at 10 AM                              Clk Co Ct G C
Recorded October 25 1850 at 3 P.M
 

[ Transcription of Document 4 ]
The State of Texas
Gonzales County
                                Whereas I Swanson Yarbrough administrator de bonus non
of the Estate of John K Castleman decd after legal (sic) did sell at Public Auction the
4th day of May A D 1850 (sic) the (sic) prescribed by (sic)  the courthouse of Gonza
les County in said State the Tract of land henceforth described (sic) (sic) S Hedges of
said county & state at said sale (sic) the (sic) of the Tract hereby con
veyed for the sum of Two hundred Dollars and I having (sic) a Sale
Bill of the same to the county court of Houston County the following (sic)
confirmation and conveyance was made by said (sic) in words & (sic)
follows to witt_ State of Texas Houston County County Court and pertaining a
Estate July Term 1850_ Swanson Yarbrough admr de bonus non
of the Estate of John K Castleman decd Having Had his account of the
sale of Real Estate lying in Gonzales County by which it appears that John
S Hodges became the purchaser of One thousand acres of land more
or less to be taken out of the league of land known as the John K Cas
tleman League Lieing one of the premium Leagues of Byrd Lockhart as fol
lows  Beginning at the East boundary line of said League at the
South East corner of the 1000 acres heretofore sold by said adms
to out of said League to Benjamen Adams, which sale has (sic) retur
ned  Thence in a straight line to the S W corner of said B Adams
1000 acre tract  Thence in a dirct line to the South East corner
of a tract of about 1100 acres out of said League heretofore sold
by said admr to F H Love.  Thence in a straight line to the North
West corner of a Tract of said League containing 399 acres hereto
fore sold by said admst to H Askey_ Thence in a straight line
the North East corner of said Askeys tract  Thence in a direct
line to the place of Beginning for the sum of Two hundred Dollars
and P H Love became the purchaser of nine hundred 7 nine
acres of land more or less being part of said League & lying
west of said 1100 acre Tract heretofore sold by said admst to (sic)
(bottom line cut off and unreadable)
[ Transcription of Document 5 ]
carefully examined the same and being satisfied that said Sale was
fairly made and in conformnity with law  It is therefore ordered (sic)
ged and decreed by the court that the said Sale be and is hereby in
all things approved and confirmed and that said Sale Bill be recorded
and that the administrator be ordered to make titles according to the pur
chasers thereof.  Therefore-
    Know all men by these presents that I Swanson Yarbrough
admtr de bonus non of the Estate of John K Castleman decd (sic) a
resident in Gonzales County and State aforesaid for and in con
sideration of the (sic) sum of Two hundred dollars to me in hand
paid by John S Hodges of Gonzales County and state aforesaid, and
by virtue of said Sale and decree of confirmation & conveyance have
(sic) sold released & conveyed and by these presents do bargain
sell release and convey unto the said John S Hodges, all of the right
title interest and claim of the said Estate of said Castleman to
said Tract sold as aforesaid to said Hodges and desc(sic) as follows
Beginning on the East boundary line of said league known as the
Castleman League one of Byrd Lockhearts Pre(sic) Leagues in the
Sandies in Gonzales County in said sale abut 20 miles west of the Town of Gonzales
at the South East corner of the 1000 acres heretofore sold by said adm4 to P Adams
out of said league  Thence in a straight line to the south East corner of said
1100 acre tract of said league sold by said Admr to P H Love  Thence in a
straight line to the N West corner of a 399 acre tract sold by said admis out of
said Tract to H Askey  Thence in a straight line to the N E corner of said
Askeys tract  Thence with the East line of said League to the place of
Beginning containing One thousand acres more or less  To have and
to hold said land unto him the said Hodges his heirs & assigns forever
in free simple_together with all & singular the righs members here(sic)
and (sic) to the same belonging or in any manner (sic) or assertaining
as witness my hand and scrawl by way of seal in this 20th of September
A D 1850                                            Swanson Yarbrough (seal)
Witness                                                Admr de bonus non of the Estate
Wm H Stewart                                      of John K Castleman decd
David Hodges

The State of Texas
Gonzales County
                        Before me F. Chenault Clerk of the County Court of the
                        aforesaid county this day personally appeard William
H Stewart a consenting witness to the within Deed of conveyance who on
oath declared that Swanson Yarbrough executed the same in his presence
on the day of the date thereof_and said he done so for the Consideration and
purposes therein set forth and that he witnessed the same at the request of
the said Yarbrough
        Given under my hand and official seal this 25th day of Octo
        ber A D 1850                                        F. Chenault
Filed October 25th 1850 at 10 A M               Clk C  Ct C G
Recorded (rest is cut off)

Received from YNGHA/Karen Mazock
barley Transcribed by Renee Smelley
 




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