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Succession of Joseph Brake
Submitted by Joyce McNiel Munson 

     Transcribed by Joyce Munson & Beverly Evins from:
     POLK COUNTY, TEXAS PROBATE MINUTES
     BOOK D, 1853 - 1857
     Located at: SAM HOUSTON LIBRARY & REARCH CENTER,
     FM 1011, P.O. Box 310, Liberty, Texas 77575

     # 86 Joseph Brake, Succession of: pages 50 & 51.

     State of Texas
     Polk County
     In County Court
     January Term 1853

     To his honor, Jas. H. Martin Chief Justice,
     Elizabeth Vickery Represents that she was the wife of Joseph Brake of The above written County deceased and Continued So until his death, and Subsequently married Elisha Vickery also late of said County who died upon the 17th day of November, 1852. The undersigned your petitioner further Shows that her said husband Elisha in his lifetime administered upon the estate of the Said Joseph Brake but at the date of his death he had Over (?) said Succession, and there is at this time important matters pertaining to the interest of the estate of said Brake. Still unsettled and the Same as she is afraid Cannot be done without opening anew Said Succession. Wherefore your petitioner prays that your honor will grant her letters administration upon said estate so that she may be enabled to Settle said estate and as in duty bound she will be.
     Elizabeth Vickery
     per W. R. Moon Attn.
     Filed the 29th Dec. A.D. 1852
     Jno. P. Kale Clk.
     Recorded 30th March A. D. 1853
     Jno P Kale Clk.

     The State of Texas}
     Polk County         } 
     I Do Solemnly Swear that Joseph Brake deceased, died without leaving any lawful Will so far as I know or believe; and that I Will Well and truly perform all the duties of administration of the Estate of the Said Joseph Brake. So help me God.
     Elizabeth (X-her mark) Vickery
Sworn and Subscribed before me this 31st January A.D. 1853
     Jno. P. Kale Clk.
     No. 86 filed 31st Jan. A. D. 1853
     Recorded this 30th March A. D. 1853
     Jno. P. Kale Clk.

     The State of Texas}
     County of Polk     }
     Know all men by these presents we Elizabeth Vickery as principal and J. A. McCardell and John J. Stubblefield as sureties are held and firmly sworn unto the Chief Justice of the County of Polk in the sum of Two thousand dollars for the payment of which were and truly to be made unto the said Chief Justice we bind Ourselves, our heirs, executers and administrators, jointly and severally firmly by these presents Signed with our hand and seals. the Seals being Scrawls (sic) this 31st day of January A. D. 1853.
     The consortion of this obligation is such that the above bound Elizabeth Vickery has been appointed by the Chief Justice of the County of Polk administrix de bonis of the estate of Joseph Break deceased. Now if the said Elizabeth Vickery shall well and truly perform all the
duties required of her under Said Appointment then this obligation shall be Null and Void otherwise to remain in full force and effect.
     Elizabeth (X-her mark) Vickery {Seal}
     T. A. McCardell {Seal}
     Jno. J. Stubblefield {Seal}
 

 

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