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Succession of Joseph Brake
Submitted by Joyce McNiel Munson

Transcribed by Joyce McNiel Munson from:
BOOK D, 1853 - 1857,
Located at Sam Houston Regional Library & Research Center,
FM 1011, P.O. Box 310, Liberty, Texas 77575

Joseph Brake, Succession of: pages 43 & 44

In County Court - June term 1852

To his honor, James Andress Chief Justice,
Succession of Joseph Brake deceased.
    In this Cause Elisha Vickery and his wife Elizabeth formerly the surviving widow of Joseph Brake deceased & Wm. B. Brake by his Guardian Elisha Vickery shows unto your honor that they together with William B. Brake, a Minor and the only living Child of the said deceased and the said Elizabeth are the only heirs of said deceased.  That your petitioner Elisha as the Guardian of the person and property of said Minor That your petitioner Elizabeth before her marriage with the said Elisha and as the widow of said deceased Settled and paid all the debts against the estate of said deceased.  That said deceased left at his death three Children only who were then living and who were the issue of said deceased and said Elizabeth in Lawfull Marriage.  That will be seen by the inventory of said Estate filed in this Court by your petitoner Elisha Vickery the administrator that said deceased left at his death (427) four hundred and twenty seven acres of land.  That subsequently to the death of said Joseph Brake, Sarah Brake an infant daughter and posthumous Child of said deceased and said Elizabeth departed this life in the month of January, 1949 and afterward  towit in the Month of September in the year A.D. 1849 Edmon (or Edwin) Franklin Brake, about two years old also the Child of said deceased and said Elizabeth departed this life and by the death of the said Minor Children a portion of the estate was Cast upon Elizabeth the surviving wife of said deceased. Petitioner further shows that the said deceased in his life time and the said Elizabeth made Certain Contracts for the sale of  Land and received the purchase money for the sale of the same which petitioner felt in duty bound to carry out.  They further show that it is of importance to petitioners that the said portion of the land to which your petitioners are entitled out of said estate be set apart to her. Wherefore they pray your honor that the usual Citation and Motion issue and that your honor will appoint  Commissioners to partition the said land between the petitioner and the said William B. Brake and that your honor will make such other orders and decrees in the premises (?) as may be legal and necessary and as in duty bound petitioner  will ever pray.
Elisha Vickery
Elizabeth Vickery
William B. Brake by
his Guardian
Elisha Vickery

Filed 28th June, 1852
Jno. P. Kale, Clk
Recorded this the 18th March A.D. 1853,
Jno. P. Kale, Clk.

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