This family’s records goes from 1780 to 1850.
Here are the Leakey / Lackey generations, one at a time, like links in a chain, at a glance:
Alexander Leakey → Thomas → JOEL → Anna S. m. Thomas Gray → Nancy Margaret m. Amonet Washington Wilbourn → William Harvey → Ella Washington (Rae) (our grandmother)
Here is Nancy Calloway’s generational chain:
Joseph → Francis → Samuel → Nancy m. Joel Leakey
Please note: Joseph’s post includes early military records of many Calloways.
Joel
Joel Leakey was born March 1, 1780 in Surry County, North Carolina, and died “on or about the 25th of February 1837” on his homestead in Austin County, Texas. He married Nancy Callaway about 1800 in North Carolina.
More about him:
At least two of his probate records says he departed this life on or about the 25th day of February. However, one record says “he departed this life on or about the 29th of February.” But we should take the 29th as a clerical error, unless he died during the leap year, or, he died March 1, 1837. It is simplest to conclude the 29th is a clerical error – only one document has it – and the 25th is the best supported.
He was a member of Austin’s original 300 colonists in the Republic of Texas. He rendered material aid to the Army of the Republic of Texas (see documents, below). Spelling variations: Lakey, Lackey.
Anyone descending from Joel can join this organization: Here, here, and here.
At that last link, his birth and date of his passing are guessed at, but they are now known.
Here’s a quick write-up:
The Lonesome Pine Ranch was originally settled by two of Stephen F. Austin’s “old 300” families, Joel Leakey and James Stevenson, who back in the early 1830’s, had their pick of the best spots in Texas. The descendants of these two settlers are still in the area.
Records of his relatives and ancestors can be found here:
Leakeys of Orange and Surry Counties, North Carolina
Nancy Calloway
She was the daughter of Samuel Callaway and Mary and was born about 1786 in Surry County, North Carolina. She died between April 29, 1844 and May 26, 1845, in Austin County, Texas.
More about her:
She bore eight children. They all grew into adulthood. Anna Gray and Thomas Lakey, resided in Louisiana at the time of Joel’s decease. Mary (Lakey) McKey and Asenath (Lakey Flanagan also reside outside the Republic of Texas at his decease, but it is not stated where. The other four lived in the Republic.
Her probate records say she became insane, a “lunatic.” What does that mean? Alzheimer’s? Dementia? We don’t know. In any case, her daughter and son-in-law Nancy and Miller Francis took care of her. Miller petitions the court to be given guardianship over her, and it was granted. Then he petitions to sell her 45 head of cattle and four slaves she owns – a mother Sarah and three children, and Sarah is far along with another pregnancy. No father is named. The court says yes to Miller’s petition to sell the cattle and family. Amos and Lydia Gates, her son-in-law and daughter, buy the slaves, so they stay in the Leakey family.
More information about her family can be found here and here.
See also the Calloways of Bedford County, Virginia and Calloways of Surry County, North Carolina.
Their Children
- Anna S. (our direct line)
She married Thomas Gray.
See her post here:
Anna S. Leakey and Thomas Gray
- Thomas Calloway
He was born 1804 in Knox County, Kentucky; he died in Walker, Texas.
More about him:
His father Joel’s probate records say he resided outside of the Republic of Texas, at Joel’s decease on February 25, 1837. Writing on March 1, 1838, he appoints an attorney in Austin County, Texas, to handle his share of his father’s estate. This document says he resided in Claiborne Parish, Louisiana. That’s where his older sister Anna (our direct line) resided at the time.
- Mary
She was born about 1805 in Knox County, Kentucky. She married John Mackey.
Her father Joel’s probate says she resided outside of the Republic of Texas at the time of his decease. Some of these same probate records say she’s John’s widow, others say wife.
- Elizabeth
She was born about 1806 in Knox County, Kentucky. She married Gibson Kuykendall about 1835 in Austin County, Texas. Elizabeth’s father Joel Leakey’s probate says they had a son named Zila or Brazilla or Barzilla. She probably died before the 1850 Census, maybe in 1849.
More about her:
She may have died before the 1850 Census. In that Census, Burleson and Brazos District, Burleson County, Texas, Gibson Kuykendall, 48, is married to Martha, 32. He’s from Kentucky, while she’s from Missouri (but see the 1860 Census). Gibson’s farm is worth $3000.00. Son Barzillia (sic), 20, lives with them and is from Texas; son Yulama is 12; Joseph is 10; Wyett (sic) is 7; John is 3; and Elizabeth is 1.
In the 1860 Census, Evergreen Post Office, Burleson County, Texas, Gibson Kuykendall is a 58-year-old farmer, and Martha is 40. Her occupation is unstated. He’s from Kentucky, while she’s from Arkansas (but see the 1850 Census). Wyatt H. is 16; John is 13; Elizabeth is 10; William is 8; Sarah is 6; and Martha is 4. All the kids are from Texas. Wyatt down to William attended school within the year. Their farm is valued at $4200.00 (real) and $4987.00 (personal). It seems Barzilla has left the household.
- Lydia
She was born about 1810 in Knox County, Kentucky; she died January 1863 in Washington County, Texas. She married Amos Gates, May 20, 1830. He was born in about 1799, also in Kentucky.
More about them:
Amos Gates appears in a number of tax records, from 1830-1848, in Austin, Grimes, and Washington Counties. He appears in the 1860 Federal Non-Population Schedule, meaning it lists only the head of household and his assets. He appears in land patents in Coke (1858), Grimes (1848), Runnels (1858), and Bell (no date) Counties.
Land and marriage source: Ancestry.com. The marriage record has their years of birth.
Amos and Lydia buy all of her mother Nancy’s four slaves – a young family – during an estate sale after Nancy’s decease.
- Ruth
She was born about 1810 in Knox County, Kentucky. She married John Hall about 1837 in Austin County, Texas.
More about them:
Some researchers say her name is Reitha, but the clerks spell it Rutha or Ruth, unless they never loop their e’s in the first down stroke of the letter u.
Her father Joel’s probate says John Hall claims Joel sold him land near where Joel lived, and it should not be divided up in any succession to the heirs. He improved it a lot. He initiates some petitions that say hands off, in effect. It is not clear whether he paid his brothers-in-law and sisters-in-law for that land, or if he owns it outright, so he doesn’t have to pay them.
- Nancy Frances
She was born on October 10, 1816 in Natchitoches Parish, Louisiana; she died May 5, 1893 in Texas. She married Miller Francis in about 1837 in Austin County, Texas. Researchers at ancestry.com say that he was born August 10, 1810 in Nashville, Davidson County, Tennessee, and died March 21, 1882, Buckhorn, Austin County, Texas. He is buried at Brenham, Austin County.
More about them:
She and Miller took care of her aging and mentally ill mother Nancy at their residence. Miller petitions the court to be appointed guardian, and it appoints him. Then after she dies, it appoints him administrator.
1850
In the 1850 Census, Austin County (no township), Texas, Nancy is 30 and from Ohio (sic). Miller is 40, a farmer, and from Tennessee. Their farm is valued at $5950.00. Margaret is 10; James is 6; and Lydia Ann is 4. All three are from Texas. Elizabeth Francis is 65 and from Virginia. Elizabeth F. Jun. (or illegible) is 22 and from Tennessee. Mary Mckey is 21 and from Tennessee. John Ahrent is 14 and from Germany.
1860
In the 1860 Census, Belleville Post Office, Buck Horn District, Austin County, Texas, Nancy is 43 and from Louisiana. Francis is 49, a farmer, and from Tennessee. Their real estate is valued at $4600.00 (sic) and personal property at $12,550. James W. is 16; and Lydia A. is 13. Both are from Texas and attended school within the year. The Dicey Miller (38) family lives nearby. She’s also from Tennessee. Researchers at ancestry.com say James’s middle name is Woodson and Lydia’s is Ann.
1870
In the 1870 Census, Belleville Post Office, Beat No. 1, Austin County, Texas, Francis Miller is 60, a farmer, and from Tennessee. Nancy is 54 and from Louisiana. Their real property is valued at $17750.00 and their personal at $2190.00. Mary Manican, 35, is a domestic servant from Louisiana. William Riley, black, is 22 and a farm laborer from Alabama.
1880
In the 1880 Census, Justice Precinct, No. 1, in part, Austin County, Texas, Miller Francis is 70 and a farmer. He has a cut foot. He’s from Tennessee, and his parents are from Virginia. He’s a farmer. Nancy is 64 and keeping house. She’s from Ohio (sic), her father’s from North Carolina, and so is her mother. Mrs. Hinckley is a 43-year-old boarder from Louisiana.
- Asenith (Lena or Leny)
She was born about 1817 in Natchitoches Parish, Louisiana. She married Daniel Flannigan.
More about them:
Sometimes the probate says she’s the widow of Daniel Flanagan. Other times she’s still his wife. But all of her father Joel’s probate says they live outside of the Republic of Texas.
Joel and Nancy’s Censuses
1800
Salisbury Township, Surry County, North Carolina
Joel Laky is 16-26, and a male is under 10. One female is 16-26, while another is under 10. Joel is young, and so is his wife Nancy and their family. The other census records will show who far he traveled from one decade to the next. Note the spelling variation on his name, but in all the records the first name remains the same, and his first name is not as common as William or John. This consistency, among other things, provides an anchor for us to be sure we have the same person.
|
1800 Census of the United States Salisbury Township, Surry County, North Carolina |
||||
| Head | Free White Males | Free White Females | ||
| Under 10 | 16-26 | Under 10 | 16-26 | |
| Joel Laky | 1 | 1 | 1 | 1 |
1810
Knox County, Kentucky
Joel Lakey is 26-44, and one male is under 10. One female is 26-44; three are between 16 and 26 (16-25); and one is under 10.
|
1810 Census of the United States Knox County, Kentucky |
|||||
| Head | Free White Males | Free White Females | |||
| Under 10 | 27-44 | Under 10 | 17-26 | 27-44 | |
| Joel Lakey | 1 | 1 | 1 | 3 | 1 |
| The ages overlap, e.g. “26 under 45” and “26 under 45.” This has been simplified to “27-44” and so on. Only the marked categories have been included in this table. | |||||
1820
|
1820 Census of the United States Natchitoches County, Louisiana |
|||||||
| Head | Free White Males | Free White Females | |||||
| 16-18 | 16-25 | 45+ | Under 10 | 10-15 | 16-25 | 26-44 | |
| Joel Lacke | 1 | 2 | 1 | 2 | 2 | 2 | 1 |
| The 1820 Census has the category 16-18 and 16-26 for the males. Only the marked categories have been included. Joel’s slaves are not marked in this census. The number of persons in agriculture is 4. | |||||||
Natchitoches County, Louisiana
Joel Lacke is 45+; two males are 16-25; and one is 16-18. One female is 26-44; two are 16-25; two are 10-15; and two are under 10.
Joel’s Land Sales and Purchases
Only representative samples are included. He got land in Austin County, Texas, but the deeds are written in Spanish.
March 1, 1801. Surry County, North Carolina. Maybe this land sale prepares the way for the Leakey family migration to Kentucky.
Joel Leakey of Surry County sells land to Thomas Thornton of Surry County, for 80 pounds, current money. It is 200 acres on the waters of McAfee Creek adjoining Aaron Speer’s and Moor’s property, by James Jones and conveyed to Joel Leakey,
Joel Leakey [seal]
Simon Hadly
Mary Dobbins
Simon Hadly, Junr.
Proved in Surry County Court, November Term by oath of Simon Hadly, Junr, & ordered to be registered.
Test: Jo Williams, C. C.
Source: Carol Leonard Snow, Surry County, North Carolina, Deeds Abstracts, Vol. 1, 1800-1803.
Natchitoches County, Louisiana. Thomas Gray settled and cultivated land, by February 19, 1822. Joel Leakey is Thomas Gray’s father-in-law, and Thomas Leakey is Joel’s son. We are descended from Joel Leakey and Thomas Gray.
Claims to Land between the Rio Hondo and Sabine Rivers in Louisiana. House of Representatives Report Number 445 18th Congress – Second Session
Page 115:
132 Thomas Gray, of the parish of Natchitoches, assignee of James Bridges, filed his notice claiming by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Negreite bayou, bounded on the north by claim of Samuel Davenport, and containing 640 acres. The claim is supported by the following testimony taken before the board:
“Joel Leakey and Thomas Leakey, being sworn, say they know the land claimed by Thomas Gray in his above notice; that said land was inhabited, occupied, and cultivated by James Bridges, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation has been continued by said Bridges and by claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about ten acres.”
We are of opinion this claim out [ought] tho [to] be confirmed, and in abstract have classed it with claims of the “third class.”
133 Thomas Gray, of the parish of Natchitoches, assignee of John Mackey, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Negreite bayou, bounded, as is supposed by vacant land, and containing 640 acres. The claim is supported by following testimony taken before the board:
“Joel Leakey, being sworn, says he knows the land claimed by Thomas Gray, assignee of John Mackey, in his above notice; that said land is situate and lying as is therein described; that said land was occupied, inhabited and cultivated on and previous to February 22, 1819, by John Mackey, under whom the claimant holds, by his living and cutting cane, &c., thereon.”
“Nicholas Jacks, being sworn, says he knows the land above claimed; that the same was occupied, inhabited, and cultivated in the years 1820, 1821, and 1822, and has reason to believe that the same has been uninterruptedly continued from February 22, 1819, until this time.”
We are of the opinion this claim outh [ought] to be confirmed, and in the abstract have classed it with claims of the “third class.”
Source: transcribed by Chris Womack.
1826 Austin’s Colony. In or before that year, Joel Leakey moved from Louisiana to Texas.
1826 Township: Austin’s Colony, Texas Territory. Data base: Texas Tax List Index, 1820-1829.
1826 Township: Austin, Bastrop County, Mexicountry Territory. Database: Texas Tax List Index, 1820-1829.
Source: Ronald V. Jackson, Texas Census, 1820-90 [database online], Provo UT: the Generation Network. Jackson compiled and digitized are AIS microfilm schedules of the U.S. Decennial Census.
Joel Leakey Helps the Army of the Republic
December 16, 1835 to October 14, 1836: Joel rendered material aid to the Army of Texas. He now belongs to the Old Three Hundred, the founders of Texas.
Words that were difficult to read are indicated in various ways, like blanks or question marks. Each of Joel’s contribution and receipt was originally written on small pieces of paper, the borders of which are represented here by lines.
| The Provisional Government of Texas
To Joel Leakey, DE [?] One yoke of oxen yoke and chain presed [sic] for the use of Capt. Allen’s Company for the transportation of arms Amunition [sic] & baggage to headquarters appraised To …………………………….$60.00 This 16th of December 1835 [signed] Wm Pettas [?] [TX seal] Contractor x15-3 |
| March 2nd 1836
Received of Joel Leaky provisions to the amount of nine dollars & thirty eight cts and two mewles [sic] one valued at two hundred Dollars the other at twenty Dollars all for the use of the army of Texas. [signed] Rob’t Mc Nutt Capt. [Texas seal] Rec’d 9.38 Mules 200.00 1 do. 20. —————— 229.38 |
| Brasos July 25th 1836
I hereby certify to have received of Joel Lakey fourteen Buris [sic; Burros?] marked and branded as follow: 2 three year olds 5 – 4 year olds & 7 5 year old marked across & under ____- each [?] ear. Branded __ those Buris [?] ____ received while the army laying out the west side of Braso river [?] from the 9th to the 15th April [signed] N [?] P Scoli [Texas seal] I hereby certify that the under signed Mister [Palots?] was the assistant quarter master for the first Regiment which was under my com’d. [signed] Ewd Burleson First Regm’t x15-4 |
| Received of Joel Leakey one ______ _____ at twenty dollars and two saddles valued at four and 1 saddle at ten Dollars total amount of the above articles thirty five Dollars for the use of my Brigade for which the Government of Texas is responsible. Head Quarters Northern Division of the Army July 30, 1836
[Signed] Tho’s P. Green Brig. Gen’l Texas Army Rec’d of Mr. Joel Lackey three Bushel of corn and other sundry articles valued at ten Dollars for the use of my Brigade for which the Government of Texas is responsible Head Quarters Northern Division of the Army July 30 1836 [Signed] Tho’s P Green Brigadier Gen’ Texas Army [Seal of Texas] ______ &c 34 Corn &c 10 ——————- $44 |
| Cayces Crossing Colorado Aug’st 6th 1836
Received of Mr. [written above by different hand: ML] Lakey one Load of Publick Stores from Matagordo consisting of Ten sacks corn one bag beans and one cash private stores and one _____ ford [?] all in good order P. Caldwell Quartermaster Gen’l P [words cut off in copying] By Geo. M. Petty asst. Mr Lakey came to this point acting under instructions from Gen’l Greene on his way to Matagordo for Publick stores to be taken by land to the Army now on the San Antonio River. I advised Mr. L. that there was no publick stores at Matagordo with the exception of corn that was intended for the place, that if he would have a load for ____ he could do so which he has done &c —- [Signed] Geo M. Petty Ass’t Qm
x16-1 |
| I do certify that Mr. Joel Lakey had eight Large Bails Cotton & they would average six hundred pounds each in San Felipe when the town was destroyed and that I had engaged the freight of them on the Steam Boat Yellow Stone and the detention of the Steam Boat Y. Stone by Gen’l Samuel Houston was the cause of the loss of said Cotton
Oct 13th 1836 James Cochran |
| October 14 – 1836
We do certify that about the last of June or the first of July last, Mr. Joel Leaky had taken from him by Capt. Coffee one large sorrel horse for the benefit of the army. We were chosen to value the horse which we did, and valued him to two – hundred dollars he then observed that he would not _____ for him and then took him off by force. He also took by force one Brown horse which we apraise [sic] at one hundred & fifty Doll. [Signed] Miller Francis [signed] John Hall [Seal of Texas] |
Joel Leakey’s Probate
Source for all of the probate: Austin County, Texas, Joel Lakey, File #28; Succession Volume B 40-46; 203-13 (not 214-219, which is a different case entirely); Volume D 329-333; Probate Minutes B 39-46, 50, 111, 112, 196, 201.
Since the records are scattered in various volumes and pages within the same volume, they have been placed in chronological order.
These records spell his last name Lakey, almost always, but he does sign his will “Leakey.”
Let’s begin with Joel Leakey’s will, which started the family conflict, since he bequeathed so much to his daughter Nancy (Leakey) Francis, who became crippled about one-and-a-half or two years earlier.
January 18, 1837, Austin County, Texas: Note that Joel tells us where’s he’s from originally: Surry County, North Carolina.
Will of Joel Lakey, Deceased
In the name of God Amen – I Joel Lakey, a native of North Carolina, Surry County, now a resident of Austin’s Colony, Texas, do make this my last will and testament and revoking all others, being of sound mind and disposing memory, but feeble in body and knowing the uncertainty of life, make the following disposition of my effects:
Item 1st: I will and bequeath to my wife Nancy all my property personal and real for her to have and hold during her natural lifetime, after her death to be disposed of as follows:
2 To my daughter Nancy I will and bequeath the lot or parcel of land known as Lot number five, as will be seen by refference [sic] to the plat hereunto annexed, including the whole of my improvements; I will and bequeath also to my daughter the following negroes viz., Lewis, Peter, Bluford, Jack, Stephen, Jane, Elisa, and Sarah, also four horses to be selected by herself, also all that part of my stock of cattle in her mark or Brand.
3rd I will and bequeath to my daughter Rutha that tract or parcel of land known as number two upon the plat here annexed –
4 I will and bequeath to my son Thomas, my daughter [sic] Mary, Aseneth, Anna, & Lydia & my – the son of my daughter Elizabeth the lots or parcels of land known as number one, three, four, six, seven, and eight, the distribution or division to be decided by lottery;
Item 5th After the death of myself and wife I request and order that all of my estate not disposed of in this will be disposed of at public Vendue, and the proceeds thereof be equally divided between my eight children or heirs. I further declare that I have equal affection for my children, but in consequence of the misfortune of my daughter Nancy, being lame and unable to work, I felt it a duty incumbent on me to make such provisions for her as her situation required.
6th I hereby constitute and appoint my friend James B. Miller Executor to this my last will and testament
This I sign in presence of the undersigned witnesses instrument [sic], for want of a notary Public – January 18th 1837
[Signed] Joel Leakey
Instrument [sic] witness [sic]
James B. Miller
James Hall
Jesse Bartlett
James Stephenson
John Beauchamp
David Lawrence
[Hand-drawn plat with eight numbered rectangular parcels with a creek or river through them]
San Felipe, Austin County – Personally came the citizens J. B. Miller & Jesse Bartlett before me at my office in this place & made oath that they on the 18th day of January last past were present at the house of Joel Leakey & subscribed their names in person to the foregoing will – May 5th 1837 and the said Joel Lakey acknowledged it to be his act and Deed for purposes therein set forth
John B. Johnson
Clerk of Probate Court
Source: Succession Record, Vol. B, pp. 44-46
January 18, 1837, Austin County, Texas: This is another copy of Joel Lakey’s will, recorded in Probate Minutes, Vol. B, 1837-1850, pp. 44-46. The substance is the same, but with the smallest handwritten variations. No one contested the wills on that basis back then.
In the name of God, Amen, I Joel Lakey, a native of North Carolina, Surry County, now a resident of Austin’s Colony, Texas, do make this my last will and testament, revoking all others, being of sound mind and disposing memory but feeble in body and that owing to the uncertainty of Life, make the following distribution of me effects.
Item 1st I will and bequeath to my wife Nancy all of my property personal and real for her to have and hold during her natural life time after her death to be disposed of as follows —
2 To my daughter Nancy – I will and bequeath the Lot or parcel of Land known as Lot Number five as will be seen by reference to the platt [sic] herewith annexed including the whole of my improvements. I will and bequeath also to my daughter Nancy – the following negroes viz. Lewis, Peter, Buford, Jack, Stephen, Jane, Eliza, and Sarah also four horses to be selected by herself also all that part of my stock of cattle in her mark or brand –
3 I will and bequeath to my daughter Ruth a that trace [sic] or parcel of Land known as number two upon the platt here annexed –
4 I will and bequeath to my son Thomas my daughter Mary Asineth, Anna and Lidia and my the son of my daughter Elizabeth the lots or parcels of Land known as number one three four six seven and eight the distribution or division to be decided by lottery –
Item 5th After the death of myself and wife I request and order, that all of my estate, not disposed of as this will be disposed of at public vendue [sic] and the proceeds thereof be equally divided between my eight children or their heirs.
I further declare that I have equal affection for my children but in consequence of the misfortune of my daughter Nancy, being lame, and unable to work, I felt it a duty incumbent upon me, to make such provisions for her as her situation required: —
6th I hereby constitute and appoint my friend James B. Miller executor to this my Last will and testament
This I sign in the presence of the undersigned instrumental witnesses, for want of a notary public –
January 18th 1837
[Signed] Joel Leakey
Instrumental witnesses
J. B. Miller
James Hall, jun’r.
Jesse Bartlett
James Stephenson
John Beauchamp
David (X) Lawrence
San Felipe, Austin County
Personally came the citizens J. B. Miller & Jesse Bartlett before me at my office in this [his] place and made oath that they on the 18th of January last past were present at the house of James Hall sen’r. & subscribed their names in person to the foregoing Will
May 5th 1837 and the said Joel Lakey acknowledged it to be his act and Deed for purposes therein set forth –
Jno. B. Johnson
Clerk of Probate Court
[Hand-drawn plat of eight numbered rectangular parcels of land with a creek or river through it]
Source: Probate Minutes, Vol. B, 1837-1850, pp. 44-46
August 4, 1837, Austin County, Texas: Miller Francis recently married Nancy Leakey, between the time the will was written January 18, 1837, and the date of this document. He petitions the court to subpoena J. B. Miller, the executor of Joel Leakey’s will, to find out why Miller refuses to carry out his executor duties. The subpoena is also directed at the witnesses to the will: James Hall, Jr., Jesse Bartlett, John Beauchamp, and James Stephenson. In this document Joel is said to have died on or before February 25, 1837. We also learn that Anna and Thomas Gray, our direct line, live outside of the Republic of Texas (they lived in Louisiana at this time), and so do Thomas Leakey, Mary McKey, the widow of John McKey, Asenath, the widow of Daniel Flanagan.
Republic of Texas
County of Austin
To the Honbl. the Judge of the Court of Probate of the County aforesaid – the humble petition of Miller Francis and Nancy his wife respectfully shew unto your Honbl. Court that Joel Lakey, a citizen of the Republic and County aforesaid, departed this life on or about the twenty fifth day of February in the year of our Lord one thousand eight hundred and thirty seven, having at the time of his death his wife Nancy Leakey and seven children and one grandson at the representation of one of his [the said?] deceased [sic] daughters, to wit Nancy who has since intermarried with your petitioner Miller Francis; Rutha the wife of John Hall; Lydia the wife of Amos Gates; Brazilla Kuykendall the minor son of Elizabeth Kuykendall, the daughter of the said Joel Lakey, all of whom reside in the Republic of Texas aforesaid; Thomas Leakey; Anna Gray the wife of Thomas Gray; Mary McKey, the widow of John McKey; and Asenath the widow of Daniel Flannagan, the four last mentioned persons are from and without the limits of the Republic aforesaid and are supposed to reside in some one of the United States of North America.
And Your petitioner further shows that the said Joel Leakey sometime previous to his death, as they have been informed, executed a certain instrument of writing purporting to be his last will and testament which was signed by the said Joel Leakey in the presence of James B. Miller, James Hall, Jr., Jesse Bartlett, John Beauchamp, David Lawrence, all of the County of Washington in the Republic aforesaid, and James Stephenson of the County of Austin aforesaid who signed their names as witnesses to the due execution of the same. Your petitioners are informed that James B. Miller was appointed by the said Joel Lakey executor of the said last will and testament and that Miller had refused and still refuses to act or qualify under said will, and has placed the same in custody of your honor at [?] Court for safekeeping.
Your petitioner therefore humbly pray your Honorable Court to grant them a writ of Subpoena directed to the said J. B. Miller, James Hall, Jr., Jesse Bartlett, James Stephenson, John Beauchamp, and David Lawrence, requiring them to be and appear before your Honbl. Court at San Felipe de Austin on the last Monday in August Inst. [= Instant] to testify their knowledge [sic] touching the execution of the said last Will and testament; also to summon Nancy Lakey the widow of said Joel Lakey; John Hall and Rutha his wife; Amos Gates and Lydia his wife; and Gibson Kuykendall the father and natural guardian of the minor Brazilla [sic] Kuykendall, to appear before your Honbl. Court on the day and place aforesaid, to shew cause if any they can why the said instrument of writing above referred to and now in the custody of your Honbl. Court as aforesaid should not be established and probated as the last Will and testament of the said Joel Lakey.
And your petitioners further pray your Hon. Court to appoint some fit and suitable person to represent and act as the attorney of the said Thomas Gray, Anna Gray the wife of Thomas Gray, Mary McKey, and Asenath Flannagan to appear at the time and place aforesaid.
And your petitioner further pray that if said instrument of writing be established as the last will and Testament of the said Joel Lakey that letters of administration [with?] the will annexed be granted to your petitioners.
& they will as in duty bound ever pray &c. Washington [County] August 4th 1837 Crosby & Hudson, Pro. Pet.
Source: Succession Record, Vol. B, pp. 204-206; also recorded in Probate Minutes, Vol. B, 1837-1850, pp. 39-42
August 5 and 7, 1837: Austin County, Republic of Texas: Judge Thomas Barnett issues orders regarding the above petition and appoints J. W. Bunton to represent the absent heirs. Bunton accepts the appointment.
Having read and considered the foregoing petition, it is ordered that it be admitted in all that the law admits, and the clerk of the Probate Court of this County of Austin will Issue a subpoena directed to the sheriff of Washington County summonsing James B. Miller, James Jall Jun’r, Jesse Bartlett & David Lawrence, & John Beauchamp to be and appear before the Probate Court in San Felipe de Austin on the last Monday in August inst. [= instant] to testify their knowledge touching the execution of the last will and Testament of Joel Laky, decd.
And the Clerk of said Court will also Issue a summons to Nancy Lakey widow of Joel Lakey, decd., Gibson Kuykendall, father and natural Guardian of the minor son Brazilla [sic] Kuykendall, John Hall and Rutha his wife, Amos Gates & Lydia his wife, to be and appear in San Felipe de Austin at the Court House on the last Monday in this Month, to shew cause if any they can why the last will and Testament of Joel Lakey shall not be established and Probated – It is further ordered and decreed that J. W. Bunton, Esqr. is hereby appointed to represent and act as Attorney for Tho. Lakey, Anna Gray the wife of Thomas Gray, Mary Markey [sic], and Assinith [sic] Flanagan, Absent heirs of Joel Lakey, deceased. And the Clierk will issue a Notice to the said Bunton notifying him of his appointment and notifying him to attend at the time and place set forth in the foregoing petition for the above named purposes. Given in the County of Austin the 5th day of August, 1837
Thomas Barnett, Chief Justice and Judge of Probate for the County of Austin
The Clerk will also Issue a subpoena for James Stephenson as Prayed for – Thomas Barnett
I accept the appointment of Curator for the before mentioned persons as Decreed above, August 7th 1837, J. W. Bunton
Source: Succession Record, Vol. B, p. 206; also recorded in Probate Minutes, Vol. B, 1837-1850, pp. 42-43
No date, Austin County, Texas: Judge Thomas Barnett issues an order against James B. Miller, James Hall Jr., and John Beauchamp, for contempt of court, for failing to appear in court. There is no date, but it is in Succession Record, Vol. B, p. 40, among the testimonies dated August 28, 1837.
In the matter of Joel Laskey’s [sic] will on motion of Crosby & Hudleton [sic] attys for petitioners It is ordered that James B. Miller, James Hall Jr. and John Beauchamp do shew cause on Monday next at 8 o’clock A.M. in San Felipe why they have not obeyed the process issued in the above case & that upon failure thereof an attachment do issue against them for a Contempt of Court
Thos Barnett Judge of Probate Austin County
Source: Succession Record, Vol. B, p. 40
August 28, 1837, Austin County, Texas: The next documents are abstracts or summaries of the witnesses to Joel Leakey’s will, as they testified. But I have transcribed these summaries. The punctuation is not original, but inserted. The summaries are in Succession Record B, but are sometimes repeated on different pages in the same volume.
Succession of Joel Lakey
Jesse Bartlett, being called as a witness to the will of Joel Leakey, states that about the time the instrument is dated he was at Judge Hall’s; that he requested to witness an instrument that he walked into the house to do so; Leakey then showed me a piece of writing and stated that it was his last will and testament; the paper was turned down in such manner that witness could not read more than three or four lines; did not read any does not recollect whether he saw deceased sign it or heard him acknowledged [sic] his signature to it; it is the same one now presented to me when witness went into the House; he said the instrument lying upon the counter upon reflection is not positive whether the paper was turned down or not covered with another piece of paper laid most of the other instrument whose names are to the will probably all sign the act; the witness is positive that the will was not read to him or in the presence of the other witnesses while he was present; said nothing of the plat which is attached of the will now presented’ the witness knows Nancy Frances daughter of deceased she is a cripple; has not seen her without the crutches for the last eighteen months. August 28th 1837;
Jesse Bartlett
Source: Succession Record, Vol. B. p. 40 and p. 203
James Stephenson, as a witness in the Probate of the will of Joel Lakey, states that he happened to be present when the will now before him was presented for his signature; James Hall was called on and the will proceded [?] to him Hall for signature; Hall asked some questions not now recollected; Lakey stated that it was his will; he was then asked if it was his signature; he said it was did not see him sign it; said Hall sign it as a witness; witness signed it as a witness; knows Miss Frances; she has been a cripple upon crutches for two years an [sic] upward; does not think she can without them; the will was not read to nor in the presence of the witnesses; saw all the witnesses sign but James B. Miller does not recollect to have seen any person sign before James Hall. August 28th 1837;
James Stephenson
Source: Succession Record, Vol. B. p. 40 and p. 203
David Laurence, being sworn as a witness in the Probate of the will of Joel Lakey, states that he was present at Hall’s; that Mr. Lakey called in witness to sign a piece of writing; said to Lakey he did not like to sign anything without knowing what it was; Lakey replied it was his will; witness then affixed his mark; saw the other witnesses write something upon the paper; supposed they signed their names; does not recollect either to have heard him acknowledge to what was going on in the will; was not read in the presence of the witnesses the witness cannot write nor read writing [no date, but it’s in among other testimonies dated August 28, 1837].
David Laurence
Source: Succession Record, Vol. B, p. 40, and pp. 203-204, again without the date.
No date or place, but it’s in Vol. B, p. 46, the same page as Joel Leakey’s will. So it should be dated around August 28, 1837, along with the other testimonies, above. In this document, Dr. J. B. Miller handwrote Leakey’s will, under Leakey’s direction. There was no notary public for twenty-two miles, so Leakey had witnesses sign their names without a notary. This document also says Leakey died about a month after the will was written, at about 70 years old.
Dr. J. B. Miller, being called on as witness & having renounced his Executorship and having refused to qualify as executor under the will of Joel Laskey [sic], states on oath that he wrote the will of Lakey at his request and under his direction, that he subscribed his name as a witness to the same in the presence of Lakey and the other witnesses whose names are thereunto subscribed, that he saw said Lakey sign the will and also each of the witnesses, that the witnesses who signed as such were the only Persons present at the time that will was made – Leakey was in good heath [sic] and of sound and disposing mind, Lakey died about a month after he executed his will. He was as witness thinks about seventy years of age when he died; he lived about twenty-two miles from a Notary Public when the will was signed by Lakey and the witnesses; this deponent handed it him sealed in another piece of paper by the deponent; the piece of paper purporting to be a Plat was by deponent attached to the Will; the land then had not been surveyed; Hall’s the place where the will was made, is about seven or eight miles from Lakey’s; there are several families living in a mile or two of Hall’s; does not know whether they were at home; they were not sent for; the will was not read to the other witnesses; Mrs. Francis is the youngest child of Lakey, is very badly crippled, thinks she will never get over it; all the rest of the children were married at the time of the making of the Will (Signed) J. B. Miller
Carried to Page 203
Source: Succession Record, Vol. B, p. 46
Succession of Joel Lakey
From p. 46
James Hall Jr. and John Beauchamp, being called on as witnesses, states that they were present and saw Joel Lakey sign his will and that they signed their names as witnesses to the same, but the will was not read in their presence, but the said Lakey said the instrument of writing which he signed was his last will and testament and they understood it to be such [no date but it’s in among other testimonies dated August 28, 1837]
Source: Succession Record, Vol. B, p. 203.
September 6, 1837, Austin County, Texas: Judge Thomas Barnett issues a ruling.
Upon reading and considering the within petition and hearing the Testimony in the case, It is ordered and Decreed that the Prayer of the Petitioners be granted and that the will of Joel Lakey be and is admitted to Probate and the Letters of Administration with the will annexed hand [sic] is granted to Petitioners, San Felipe de Austin, 6th September 1837 Thomas Barnett.
Source: Succession Record, Vol. B, p. 206; also in Probate Minutes, vol. B, 1837-1850, p. 43
October 30, 1837, Austin County, Texas: John Bunton, curator for the three absent heirs, one of whom is Anna Lakey, wife of Thomas Gray (our direct line), presents a compromise to the probate court. Some of Joel Leakey’s heirs were in the process of challenging the will. The compromise reached says the property is to be divided nine ways, and Nancy, Joel’s wife, is to get one-ninth or a child’s share.
Republic of Texas
County of Austin
To the honorable Thos Barnett Probate Judge of or for said County the petition of J. W. Bunton, curator for the absent heirs of Joel Lakey decd, respectfully represents that all the heirs of said Joel decd have had a meeting with the exception of three of the heirs whom your petitioner represents and are desirous of and have determined to compromise and settle amicably the succession or estate of said Joel, provided my consent and agreement as this representation of the absent heirs as aforesaid can be had. The agreement is as follows: all the property real and personal rights and actions to be awarded equally between the nine heirs Nancy Lakey wife of said Joel taking a child’s part or one ninth and Nancy Francis wife of Miller Francis is to have one thousand dollars made up by the eight heirs; this compromise your petitioner believes and is satisfied will be an advantageous plan for the absent heirs whom your petitioner represents but your petitioner feels himself unauthorized without the authority of the Court to act; Wherefore your petitioner prays that he may be authorized to make said compromise as devised and that he may consent to a sale of the negroes with all the personal property with the gin and mill at public auction to the highest bidder on a credit of twelve months the purchasers giving good and sufficient security and that your petitioner may be authorized to empower [?] with the heirs of said Lakey to empower [?] John Hall to make bills of sales or such other transfers as may be necessary on his giving sufficient security for such responsibility.
Octo 30th 1837
John Bunton, curator for the absent heirs of Joel Lakey, deceased
Source: Succession Record, Vol. B, pp. 40-41
October 30, 1837, San Felipe, Austin County, Texas: John Bunton requests an equal division of the perishable (non-real estate) property of Joel Leakey. Then the goods are to be sold at a public auction November 1, 1837. Each heir, including Nancy, Joel’s wife, is to get one-ninth or a child’s part. In this document Joel is said to have died on his premises. Finally, Nancy Lakey, wife of Thomas Gray, is named in this document as an heir of Joel Leakey. They are our direct line.
Republic of Texas
County of Austin
Whereas Joel Lakey, late of said County, having departed this life on or about the 29th [sic] of February, leaving nine heirs, and having made his last will and testament, which was thought by some of the heirs unjust and illegal and its enforcement and its inforcement [sic], having been by them resisted, which resistance so far has been successful, but being about to be carried from the district court to the supreme court by the appeal by the party interested in its establishment and the heirs of said Joel Lakey, decd., namely Nancy Lakey, wife of said Joel; Lydia Gates, wife of Amos Gates; Ruth Hall, wife of John Hall; Nancy Frances; Zelia Kuykendall, son of Elizabeth Kuykendall, wife of Gibson Kuykendall, represented by his father Gibson; Thomas Lakey; Anna Gray, wife of Thomas Gray; Leny Flannagan, wife of Danniel Flannagan, and Mary McKy [sic], represented by the Curator J. W. Bunton, being desirous of restoring harmony in the family to save trouble and expence [sic] and to arrive at their rights more expeditiously, have determine and agreed to compromise the matter in the following manner: that all the property real and personal, rights and actions belonging to said Estate is to be and shall be equally divided between the nine heirs of said Joel as mentioned [?] Nancy Lakey wife as mentioned [sic] aforesaid taking a child’s part or one ninth.
And to the end that an equal division of said property may be had and for the preservation of the estate there being much perishable property we agree that all the negroes belonging to said estate, these [there?] being eight with all the perishable property consisting of horses, cattle, hogs, sheep, farming utensils, household and kitchen furniture &c with the Gin & mill which stand on the premises on which said Joel died shall be sold to the highest bidder at public auction on the first day of November on a credit of twelve months the purchasers giving bond and security payable to the heirs of said Joel; And that said sale may be fully carried into effect an authorize and empower John Hall to sell or cause to be sold said property and make of for the heirs a good and perfect bill of sale or whatever conveyance may be necessary for perfecting said sale, provided the said Hall before entering in the discharge of the duties authorized shall give his bond for double the amount of the value of said property to be sold with good and sufficient security for the faithful performance of his duties and a ful [sic] and proper payment of all the procedes [sic] of said property.
For the further disposition and division of the property belonging to said estate we will at the proper time in application of any heir agree among ourselves in the manner and in a failure to agree in a division [?] will proceed to have commissioners Legally appointed
San Felipe Oct. 30th 1837
John Hally [sic]
J. W. Bunton, curator for the absent heirs of Joel Lakey decd.
Attest
Jessey Bartlett, Miller Francis, James Stephen [sic], Amos Gates, Gibson Kuykendall, Nancy Lakey
Source: Succession Record, Vol. B, pp. 41-42
November 1, 1837, Austin County, Texas: this is the inventory and appraisement of Joel Lakey’s property. This property is “at the house of last residence of Joel Lakey.”
Do = ditto
Republic of Texas, Austin County, November 1st 1837
In pursuance of an order from the Honorable Thomas Barnett Chief Justice for the County aforesaid in the undersigned have this day at the house of last residence of Joel Lakey Deceased taken an Estimation Inventory of all the perishable property Notes and accounts belonging to the Estate of s’d Deceased, which has come to our knowledge at this time and place, to wit:
One Mulatto man Lewis a ____ appraised to …….. $550.00
One negro man named Peter ……. Do ……………. 900.00
One do do “ Bluford ……………………………….. 900.00
One mulatto boy named Jack ….. do ……………… 600.00
One negro ….. do … “ Stephen do ………………… 350.00
One do woman …………Jane ……. do …………… 700.00
One ….. do ….. do ……… Eliza …. do ……………. 800.00
One …… do …. Do …….. Sarah … do …………… 800.00
[Clerk marks these slaves in the left margin and writes “8”]
One Sorrel mare seven years old ……………………. 250.00
One Bay mare and colt four years old ………………. 80.00
One Sorrel horse eight years old …………………….. 150.00
One Roan Mare seven years old …………………….. 100.00
One bay horse seven years old ………………………. 80.00
One do do fourteen years old ………………………… 40.00
One sorrel do do do do ……………………………….. 60.00
One Roan filly two do do …………………………….. 80.00
One Brown Mule do do ………………………………. 40.00
[Clerk marks these latter animals in the left margin and writes “9”]
Four yoke of oxen ……………………………………. 270.00
One broken waggon [sic] …………………………….. 45.00
One Gin stand and running [?] gear for do …………… 225.00
[New Page]
One pair of mill stones and Irons …. Appraised to ….. $80.00
One Lot of Ploughs & in No. two Harrows 3 set of horse gear .. 41.50 [.80?]
One box tools old Irons Crosscut Saw …. Appraised … 16.00
Three Axes two irons wedges & Four Hoes ….……….. 12.50
One Rifle Gun, shot bag and horn ……..………………. 15.00
Three log chains ………………………………………. 11.00
Sixty head of hogs including [?] the mark …………….. 112.50
Eleven do Sheep ………………………………………. 33.00
Three hundred Bushels of corn …………………..…… 375.00
Twenty five do of oats …………………………………. 25.00
One mattock, two spades one shovel …………………… 5.50
Four _____ [?] three chairs [?] & Lithe [?] an cradle …… 9.50
One Grind Stone ………………………………………… 8.00
One thousand _____ of Fodder …………………………. 40.00
One Beef hide …………………………………………… 2.00
Seven hundred feet of ash plank ……..………………….. 35.00
One hundred and thirty nine head of cattle ……………… 1112.00
Also the following List of Notes & accpts
An account of F. Williams for ……………………………. 16.69
Note James Cochran ………………………………………. 103.47 [113.45?]
Do S. R. Miller …………………………………………….. 5.00
Do James Stephens ………………………………………… 80.50 [80.10?]
Do to W. D. Finley ………………………………………… 5.50
Do to Bart. Laurence ………………………………………. 10.00
Do Jas. Hall Jr. …………………….……………………….. 1.00
Do John Hall ……………………………………………….. 25.00
Account Joshua Parker ……………………………………… 14.00
Do McLin Bracy ……………………………………………. 137.60
Do Amos Gates ……………………………………………… 58.56
Do Joseph French …………………………………………… 36.00
Do Do ……………………………………………………….. 11.57
Note Samuel P. Brown ……………………………………… 18.00
P___ ? account against the Estate of Jas. Watters ………….. 16.00
Note James Fisher …………………………………………… 18.00
Do do do ……………………………………………………… 6.00
Do Andrew Miller ……………………………………………. 4.50
Account John Hall ……………………………………………. 71.43
“ James Stephenson …………………………………………… 5.00
“ T. W. Kenney ………………………………………………. 16.50
“ James Foster ………………………………………………… 15.44
Thos. Barnett receipt two Notes on James R. Ross …………… 200.00
Account James Tomlinson …………………………………….. 18.00
Money _____ by Nancy Lakey Widow (in Paper) ………….. 475.00
Do do do do do (in Silver) …………….………………….….. 135.00
December 24th 1837 Auditor Warrant ……………………….. 580.00
Nancy Lakey this day reported $29,000. [sic] in Bank paper which she had overlooked at the time of the same} [Signed] Jessee Bartlett
[Signed] Jessee Bartlett
For the purpose of carrying the sale of the property of Joel Lakey decd. to be sold this day by consent to the highest bidder on a credit of twelve months into effect according to agreement between the heirs agreeably to an arrangement intered [sic] into by the heirs of Said Joel and for the purpose of collecting the debts due the Estate and to take notes for the sale of property and to collect the sum, we the heirs of said Joel constitute John Hall our agent vesting him with all powers necessary for the above purposes November 1st 1837
J. W. Bunton, curator of the absent heirs
Attest
[Signed] Jessee Bartlett
[Signed] James Stephens
Amos Gates
Miller Francis
Gibson Kuykendall
Nancy Lakey
December 25th 1837
The heirs of Joel Lakey Deceased ………………………….…….. D’r [?]
To three days at the request of the executor of said deceased to go to San Felipe to prove Will of Decease at 5 dollars per day …………………………………… $15.00
To five days under an order of the honorable Tho’s Barnett to Inventory property of deceased at 5 dollars per day …………………………………………………. 25.00
To writing six Bills of sale for Negroes sold by Agent of heirs of Decd. Jno. Hall at 2 dollars at 5 dollars per copy ………………………………………………… 10.00
To 2 queries [?] of Paper furnished at 1 dollar per querie [?] ………. 2.00
Also three three [sic] days attendance under a subpoena in the suit of part [?] of their heirs to set aside will of Deceased – I do not know whether the heirs or Miller Francis ought to pay this acct though it appears to me that it ought to be charged to the estate as a compromise took place before a decision was had on the premises
The Chief Justice for the County of Austin will examine the above acct and if it is deemed reasonable order the settlement of the same.
[Signed] Jessee Bartlett
Source: Succession Record, Vol. B, pp. 42-44
March 1, 1838: Austin and Washington Counties, Texas and Claiborne Parish, Louisiana. Thomas Lakey, a son of Joel, decd., gives the power of attorney to James Hall the Third to convey a deed to John and Nancy Hall, Joel’s son-in-law and daughter. This document says Thomas Lakey resides in Claiborne Parish, Louisiana. That’s where his sister Anna Gray resided, too. She’s our direct line.
Republic of Texas
County of Washington
Know all men by these presents that Whereas by the last will and testament of Joel Lakey, late of the Republic and county aforesaid, deceased, Thomas Lakey of Claiborne Parrish [sic] in the State of Louisiana was entitled a certain distribution share of the real or Landed Estates of said Joel which said will was never admitted to Probate for the want of Legal form; and whereas a suit has been commenced by the Heirs at Law of said Joel in the Honl. the County Court for the county of Austin for a partition of said Estate of said Joel according to the Law of distribution of the Republic aforesaid; and Whereas to avoid useless and Expensive litigation and in conducting said suit the said Heirs of said Joel have agreed to a compromise among themselves which has got to be legalized by said Court; & Whereas the said Thomas Lakey has bargained & sold to John Hall of the republic & county aforesaid all the Land which may be allotted to him as his portion of the Landed Estate of said Joel, under and by virtue of said Compromises above referred to, but inasmuch as said compromise has never been submitted to or legalized by said Court, no title has ever [?] vested in said Thomas Lakey; and he is therefore at present unable to convey to said Hall full and perfect title
Now know ye to whom these presents shall come for the reason above set forth I the said Thomas Lakey have nominated, constituted, and appointed and by these presents do nominate, constitute and appoint James Hall the Third of the County of Austin and republic aforesaid my true and Lawfull [sic] special Attorney for me and in my name or otherwise if the same become necessary to make, execute, and sign a full, ample and complete Deed and conveyance to said John Hall, his Heirs, Executors, Administrators or assigns to and for all the Land which may be allotted tome in the Petition and division of the Estate of said Joel Lakey and to do any act which may become necessary to divest me my Heirs, executors, or Administrators of all right, title and interest of, in, and to said Lands and to vest the same fully & completely in said John Hall hereby satisfying & confirming any act the said James Hall may do in furtherance of the object above set forth & in pursuance of the Trust herein reposed in him –
In witness whereof I have hereunto set my hand and seal this 1st day of March in the year of our Lord one thousand Eight Hundred and Thirty Eight.
Signed & sealed in presence of Thomas Lakey
First Interlined [?] I the said Tho. Lakey
Thomas Lakey
John J. Crosby
Js. Hood
Source: Succession Record, Vol. B, pp. 210-211
June 30, 1838, Austin County, Texas: Account of the sale of Joel Lakey’s livestock and some tools.
Do = Ditto
Act [= Account] of sale of stock &c, sold by John Hall, Administrator of Joel Lakey’s Estate and belonging to said Estate, sold on 30th June 1838, on a four months credit
2 Two year old steers to Mr. Kazee for ……………… $23—
2 four “ “ “ James Hall Jun’r ………………………… 37
2 Two ‘ ‘ ‘ ‘ ‘ Amos Gates …………………………… 15
Amt. carried over …………………………………….. $75 –
[New Page]
Amt. Brot forward ……………………………………. $75 –
1 Five year old to Miller Francsis …………………….. 26 [20?]
2 Three “ “ “ James Hall Sen’r ………………………… 34
2 “ “ “ “ Wm Kazee ……………………………………. 31
1 Four ‘ ‘ ‘ Miller Francis ……………………………… 21
1 Cow & Calf “ “ A. M. Logan ……………………….. 18.50
2 Do Do ………. Do do do …………………………… 40 –
2 Do Do “ “ Miller Francis …………………………… 39 –
2 Do do “ “ ….. Do Do ………………………………… 53
2 Do do “ “ ……. John Brothers ………………………. 35
2 Do Do “ “ ….. Do Do ………………………………… 30
1 Do Do “ “ …… A. M. Logan ………………………… 30.50
1 same Do “ “ …. James Hall Sen’r ……………………. 9—
1 Spotted Cow “ “ Miller Francis ……………………… 16.50
1 sick steer “ “ ….. Wm Kazee ………………………… 3 –
2 Two Year Old Heifers to Amos Gates ……………….. 31 –
2 “ “ “ “ …………. A. M. Logan ………………………. 26
2 “ “ “ “ “ ………… James Cochrane ………………….. 28
2 “ “ “ “ “ ………… A. M. Logan ……………………… 26
1 Old Bull “ “ …….. John Hall ………………………… 10.50
1 “ “ “ “ “ ………… A. M. Logan ……………………… 7.50
1 Heifer ………….. John Brothers ……………………… 5 –
1 Three year old Steer … James Hall Sen’r. ……………. 17 –
1 Lot of tools …………. Miller Francis …………………. 19.50
……………………………………………………………. 649 –
We certify that this is a True account of the above sale
James Cochrane
Jno. Hall Jun’r
Source: Succession Record, Vol. B. pp. 206-207
Undated, Austin County, Texas: though the next petition is undated, it should be placed shortly before January 2, 1839, when J. H. Money, Probate Judge, replies to it, in the next document. The petition requests that commissioners be appointed, Joel Leakey’s land should be surveyed and divided nine ways, and the heirs should draw lots for them. Nancy, Joel’s wife, should have the home place, which is not to be considered part of the division or drawing.
Republic of Texas
County of Austin
To the Honl. Probate Court for said County – the petition of Nancy Lakey, wife of Joel Lakey, decd.; Amos Gates & his wife Lydia; Miller Francis & his wife Nancy; Gibson Kuykendall, Guardian of Brasilla Kuykendall; & Thomas Lakey; Anna Gray, wife of Thos. Gray; Sinna [sic] Flanagan, wife of Daniel Flanagan, ad Mary McKy [sic], represents by their Curator J. W. Bunton, respectfully represents that Joel Lakey departed this life on or about the 25th day of February 1837, having a Succession consisting of One League and an half of Land situated in Austin & Washington Counties on Caney Creek and a large quantity of personal property consisting of Negroes, Horses, Cattle &c; that the said Joel made and left his will & Testament which was established, it having been resisted by some of the Heirs or legatees of said Joel; that there was a suit pending about the establishment of said will, when the Heirs of said Joel on the 30th day of October last made a compromise of said Suit and Entered into an agreement and obligation now on file in your Honl. Court, bearing said date that under said agreement most of the personal property has been sold; that there is [sic] no debts outstanding against said succession.
And that by said agreement and compromise the said Heirs were to agree among themselves on a division and on the event of a disagreement were to apply for a division according to law that the Heirs (to wit) Nancy Lakey, wife of said Joel, decd.; Lydia Gates, wife of Amos Gates; Rutha Hall, wife of John Hall; Nancy Francis, wife of Miller Francis; Brazilla Kuykendall, son of Elizabeth Kuykendall, wife of said Gibson; & Thomas Lakey; Anna Gray, wife of Thomas Gray; Siny [sic] Flanagan, wife of Daniel Flanagan; and Mary Mackey, who are absent and represented by their Curator J. W. Bunton, are unable to agree among themselves about the division of said Land which they are anxious to have divided among them on account of the said John Hall & his wife refusing to have and make said division of said Land according to agreement; and your petitioners having failed to get their portion of said Land as they are entitled to and believing this to be the proper Court to apply to have commissioner legally appointed to divide said Land;
And you petitioners further represent that according to said agreement all the property real and personal is to be equally divided between the nine Heirs as mentioned and that your petitioners now wish to have said Land divided into nine equally shares or parts having respect to quality and quantity.
Wherefore your petitioner [sic] pray that the said John Hall of Washington County and his wife Ruth may be cited to be and appear at the next Term of said Court to shew cause why a division should not be made of said Land as agreed upon, under said obligation and that _____ James Cochrane, J. W. Kenny, the county surveyor of this county and James Stephenson may be appointed Commissioners authorised [sic] and required to proceed as soon as practicable & divided said League and one half of Land into nine equal parts, having respect to quality & quantity & that they make return of their proceeding to your Honl. Court as soon as practicable,
Your petitioners would have here represent that they are anxious that the said surviving wife of said Joel should have the Home place of said Joel assigned to her as her portion of said Land; and to this end they pray that the Commissioners may be so instructed as to lay off one part of said nine as will include the residence and improvements of said Joel, deceased; and that after the said Commissioners shall have divided the said Land into nine equally parts and made their report of the same may cause lots to be cast by the Heirs or that the Heirs may draw lots for their shares or parts according to law and that your Honor may then pass an order and Decree setting forth the parts or portions that each may have or be entitled to, putting at the same time your petitioners in possession of that portion which they may be found entitled.
J. W. Bunton, Atty Pro. Pet.
Source: Succession Record, Vol. B, pp. 208-209.
January 2, 1839, Austin County, Texas: the judge orders the surveyor and commissioners to divide the land, as requested in the undated previous petition.
Having read and considered the foregoing petition and seeing no reason why the prayer of Petition [sic] should not be granted as John Hall & his wife Ruth Hall have neglected and refused to make any apportion to the same within the delay of the Law altho [sic] duly cited, it is therefore hereby ordered, adjudged, and Decreed by the Court that the prayer of the Petitioners be granted and that a Partition of said Land be made in manner and form as prayed for in the petition and it is hereby further adjudged and decreed that the persons named in the Petition viz. James Cochrane, John W. Kenney & James Stephenson be and the same are hereby constituted and appointed as Commissioners for the purpose in the foregoing petition expressed; and the said Commissioners are hereby authorised [sic] and required to proceed immediately or as soon as practicable on the said Land and make a division of the same into nine equally parts as near as possible, having regard to quantity, quality, & value enhanced by Improvements or otherwise [?]; and it is further ordered and Decreed that after the division shall have been made in manner and form above stated by the aforesaid commissioners; they shall be and are hereby required to appraise each of the nine parts so divided and make due return thereof as well as all other of their acts as commissioners aforesaid to that Court, on oath.
January 2nd 1839 J. H. Money, Judge Probate
Source: Succession Record, Vol. B, p. 209
Undated, Austin County, Texas: John Hall says that the commissioners should not have partitioned property that Joel Leakey, decd., gave him during his lifetime. That land should have been kept separate when the commissioners surveyed and valuated the entire landed estate. Since the partition has already been done, this document is placed after the one dated January 2, 1839, which orders the commissioners to partition the land in the first place.
The Heirs of Joel Lakey
Vs.
John Hall
Suit pending before the Honl. the Probate Court for the County of Austin
John Hall the Defendant begs leave respectfully to speak [reply?] to the Partition lately made by the Commissioner appointed by the Court aforesaid in the above state case —
1st That the Tract of Land on which John Hall & his wife now lives [sic] was given to the said John Hall & wife by Joel Lakey in his lifetime and _____ therefore the separate property of said Hall and Wife & one portion of the succession of said Joel Lakey decd. and is not liable to a partition in this suit;
2nd That the Commissioners were not authorised [sic] by the very vague & indifferent description of the succession of Joel Lakey and as set forth in the Petition as any by [sic] thing [?] contained in the petition of said succession to include in their property to be divided the above Tract of Land the separate property of said J Hall and wife;
3rd That if the said property be considered by the said Court as the subject of collation the said John Hall & wife should have been allowed the value of the improvements they have put on said Land;
4th That the Commissioners did not give notice to the said Hall & wife of the time and place of their making the division of the property as the Law directs;
5th The parties Hall & wife object also to the Homologation of the Proceedings of the Commissioners that the minor Kuykendall and the absent Heirs Thomas Lakey, Anna Gray and Flanagan are not properly parties to this suit the Guardian of the minor present and the Curator of the absent Heirs having not been affirmed and qualified as the Law directs;
6th That as the said Commissioners have included Lands which do not belong to the succession viz. the Land of Hall & Wife above referred to and as said Land is claimed [?] adversely to the other Heirs of Joel Lakey and not as a portion of said ____ Estate they object to the Jurisdiction of this honl. Court on the ground that it cannot entertain & try the question of Title to Land;
7th That the Decree procured in the above case by the Court aforesaid was contrary to Law in this that it directs the Commissioners to _____ off that portion of the Land of said Joel, deceased, on which he resided at the time of his death and allot the same together with the improvements thereon the said Elizabeth [sic] the wife of the said Joel.
8th That the whole proceedings had in this case have [sic] been irregular & contrary to Law.
Crosby & Hemphill, attorney for Defendant Hall & wife
Source: Succession Record, Vol. B, pp. 209-210.
February 24, 1840, Claiborne Parish, Louisiana and Austin County, Texas: Thomas and Anna (Leakey) Gray, our direct line, give the power of attorney to James Hall the Third. This document says Thomas and Anna reside in Claiborne Parish, Louisiana. They were also the heirs of Joel Leakey’s estate.
State of Louisiana
District of Claiborne
Know all men by these presents that we Thomas Gray & Anna Gray his wife both residents of the Parish of Claiborne in the state of Louisiana and each of us have jointly and severally nominated, constituted, and appointed and do by these presents nominate, constitute, and appoint Mr. James Hall the Third in Austin County in the Republic of Texas our True and lawfull [sic] Attorney in fact and authorise [sic] and empower him for us and in the name of each of us and for our use and to sell, convey, grant, and deliver unto Mr. John Hall his Heirs and assigns all and singular our rights in and to the Landed Estate or property belonging to the Estate of Joel Leakey, deceased, late of Washington County in said Republic of Texas and to sell, convey, bargain, and deliver to said John Hall, his heirs, and assigns all Landed Estate or property comeing [sic] to us or either of us as Heirs of said Estate of Joel Lakey, decd., on such terms and conditions and clauses and for such price of sum of Money as he the said James Hall the Third their said Attorney may think proper or deem expedient and to make, sign, execute, and deliver to said John Hall a good and sufficient Deed of conveyance or other instrument of writing with such Terms, conditions, and clauses therein, as our said Attorney may think proper or deem expedient, hereby satisfying, allowing, and confirming all acts of our said Attorney done in the above Premises.
In witness whereof we have hereunto set our hands and seals in presence of Joel W. Munell & Geo. R. Remer, subscribing witnesses on this 24th day February A. D. 1840
Attest:
J. W. Munell
Geo. R. Remer
Thomas Gray (seal)
Anna her X mark Gray (seal)
Source: Succession Record, Vol. B, pp. 211-212
February 24, 1840, Claiborne Parish, Louisiana and Austin County, Texas: Judge George Peet of Claiborne Parish, Louisiana, witnessed Thomas and Anna Gray draw up and sign the previous document dated at the same time.
I George W. Peet, Judge in and for said Parish of Claiborne and State aforesaid do hereby certify that the forgoing instrument of writing was signed and executed by Mr. Thomas Gray and Anna Gray his wife in presence of me the said Judge and the subscribing witnesses and the said witnesses also signed the same in presence of me the said Judge; and further certify that the foregoing signatures are true and genuine and the said instrument of writing was signed and executed on the day and year the same purports to have been executed and that it is in due form of Law – In faith whereof I have herewith set my hand and affixed the seal of my office this 24th day of February A. D. 1840
Geo. W. Peet, Probate Judge
Source: Succession Record, Vol. B, p. 212
No date, Austin County, Texas: Though there’s no date, it was probably drawn up in April 1840, because the judge agrees to the new appointment, in April 28, 1840 (see the next document after this one). In any case, the absent heirs of Joel Lakey, two of whom are Thomas and Anna Gray, his son-in-law and daughter and our direct line, seek a new curator to manage their share of the estate while they are out of state. Here the clerk or attorney includes Thomas Gray and wife Anna, but then omits them four lines later. Yet Thomas and Anna were also absent heirs.
Republic of Texas
County of Austin
The petition of James Hall, Attorney, Thomas Gray & wife; John Hall, Amos Gates, Miller Francis, Gibson Kuykendall, Guardian of Barzilla Kuykendall, and Nancy Gray, Heirs [pursuant?] of the Estate of Joel Lakey, deceased, represents to your Honor that Thomas Lakey; John M Key [sic], and Mary M Kay; Daniel Flanagan, Assina Flanagan, wife of Daniel Flanagan are absent Heirs of said Estate of Joel Lakey, deceased, that your petitioners in conjunction with John W. Bunton who was formerly curator for said absentee agreed to have said Lands partitioned to the satisfaction of the parties that John W. Bunton, Curator, is now absent and cannot act; Wherefore they pray that your will appoint I. L. Hill curator for said absentees and that said Partition be made forthwith & they will pray
John Hall for self & wife
Amos Gates & wife
Gibson Kuykendall, Guardians for Brazilla Kuykendall, son of Elizabeth Lakey also Kuykendall
James Hall the 3rd Attorney
For Thomas Gray & Wife
Source: Succession Record, Vol. B, pp. 212-213
April 28, 1840: Austin County, Texas: in the next two documents the judge permits the new appointment of attorney I. L. Hill, and Hill accepts the appointment.
It is therefore ordered that I. L. Hill be appointed curator to represent said absentees, April 28th 1840
J. H. Money
William Medford
Ira Fisher
I accept the appointment of curator
April 28th 1840 I. L. Hill
Witnesses:
J Hillyard
[Signed:]
Miller Francis [seal]
Isaac L. Hill [seal]
Harvey A. Adams [seal]
Source: Succession Record, Vol. B, p. 213
Thursday, April 28, 1840, Austin County, Texas: This is the partition of the real estate of Joel Leakey. The heirs or their curator or representative draw lots.
Whereupon the Court adjourned until the morning
Thursday April 28, 1840
The Hon’l Court met pursuant to adjourn[ment]
Succession of Joel Lakey, decd.
Vs.
The Heirs
Praying a partition of the real estate belonging to the said Succession –
Tho’s Lakey, Mary Lakey, wife of John Mackey, Assena [sic] Lakey, wife of Daniel Flanagan, being absent and citizens of the United States, therefore the Court appoints Isaac L. Hill, Curator, to represent them, who appeared and accepted the appointment and took the necessary oath, for the purpose of carrying out the said partition.
The parties then being called, appeared I. L. Hill, Curator, as aforesaid for absent heirs; James Hall the 3rd appeared by power of attorney for Anny Lake Lake [sic], wife of Tho’s Gray; Amos Gates, for his wife Lydia Lakey; Gibson Kuykendall, for Brazilla Kuykendall, as guardian;
Anny Lakey, Wife of Tho’ Gray, drew Lot No. (1) One, by her att’y James Hall 3rd;
Amos Gates, for his wife Lydia Lakey, drew Lot No. (6), Six;
Gibson Kuykendall, as Guardian to Brazilla Kuykendall, drew Lot No. (7) Seven;
I. L. Hill, Curator for Assena Lakey, wife of Danel [sic] Flanagan, drew No. (3) Three;
I. L. Hill, for Tho’s Lakey, drew No. (4) Four
I. L. Hill, Mary Lakey, wife of John Mackey, drew Lot No. Eight (8)
Which drawing of the said Parcels of Land was made the Decree of the Court;
Whereupon the Court adjourned untill [sic] next Term of Course
Thursday April 28, 1840, Town of San Felipe
J. Benton Johnson, County Clerk
J. H. Money, Ex offr J Probate [sic]
Ira Fisher, Associate
Source: Probate Minutes, Vol. B, 1837-1850, pp. 111-112
In the next documents dated 1849-1850, the handwriting is small, and the ink skips, so a word-for-word transcription is really difficult or impossible without a lot of blanks, but a summary of each one can be done. On page 329 of this section, the clerk notes that these documents can be referenced back to Succession Record, Vol. B, p. 213. That is, Vol. B, p. 213 can be carried forward to here.
April Term 1849
Austin County, Texas: Miller Francis and his wife Nancy (Lakey / Leakey) Francis, stated as Joel Lakey’s daughter, petition Judge Wm. Bradley for new letters of administration because the estate has not been settled. Filed May 31, 1849 and recorded July 2, 1849. (Succession Record, Vol. D, p. 329)
June 30, 1849
Austin County, Texas: Miller Francis and his wife Nancy Francis sign an affidavit swearing that Joel Lakey died leaving a will and an agreement was made among the heirs, Miller and Nancy will well and truly carry out their duties as administrators. They swore to and subscribed their names before J. Hillyard, clerk, and Ja’s. C. Francis, deputy.
June 30, 1849
Austin County, Texas: Miller Francis and his wife Nancy (Lakey / Leakey) Francis are required to put up a bond of $5400.00, and they are the principal administrators of Joel Lakey’s estate. Also, Thomas Cochran and N. W. Bush provide the security. J. Hillyard is the clerk and Ja’s C. Francis is the sheriff; both attest to their bond. Nancy Francis was called apart and, being interviewed by the judge, Wm. Bradley, agrees to becoming an administrator and putting up $5400.00 (Succession Record, Vol. D, p. 330).
No date
Austin County, Texas: though there is not date, this decree is found among documents in June and July 1849. The judge decrees that Miller Francis and his wife be granted letters of administration, provided they give a bond of $5400.00 (Succession Record, Vol. D, p. 329).
July 16, 1849
Austin County, Texas: The judge issues an order approving of the bond of Miller Francis and Nancy Francis to administer the undivided part of Joel Lakey’s estate (Succession Record, Vol. D, p. 329)
No date
Austin County, Texas: Letters of Administration were issued to Miller Francis and Nancy Francis (Succession Record, Vol. D, p. 331)
No date
Austin County, Texas: Though there is no date, it is around the same time as the next entry: July 30, 1849. John Alford, Jeremiah Cloud and James M. Cloud are appointed to appraise the estate of Joel Lakey, deceased (Succession Record, Vol. D, p. 331)
July 30, 1849
Austin County, Texas: John Alford, Jeremiah Cloud, and James M. Cloud are formally authorized to carry out the inventory and appraisement. Those three swear before J. Hillyard, clerk, and Ja’s C. Francis, deputy. (Succession Record, Vol. D, p. 331)
August 16, 1849
Austin County, Texas: James M. Cloud and John Alford return their report and swear that lot no. 3 of “the unequal portion” consists of 475 acres and is valuated at $1486.80. James Cloud signs with his mark and John Alford with his signature, before J. Hillyard, clerk, and J. C. Francis, deputy (Succession Record, Vol. D, p. 331)
August 24, 1849
Austin County, Texas: Miller Francis and his wife Nancy report that John Hale owes Joel Lakey’s estate $1148.40, cash, which he got around November 1838, at 5%, amounting to $1722.60 in this time. Signed and subscribed to before J. Hillyard, clerk, and Ja’s C. Francis, deputy (Succession Record, Vol. D, pp. 332).
September 30, 1850
Austin County, Texas: Miller Francis reports that John Hale bought the estate and still owes $1722.40, which was recorded in August term 1849. The property which was inventoried in August Term 1849 was improperly done so as part of Joel Lakey’s but properly belongs to Asenath Flanagan, and heir of Joel Lakey. It was set apart as her portion April 28, 1850. So this land is requested to be stricken from the inventory. Further, two town lots in Washington, Washington County, which recently came to Miller Francis’s knowledge, need to inventoried and appraised. Finally, Francis has received no cash from the estate but has paid out $30.00. Sworn to before Wm. Bradley, judge; filed September 30, 1850 and recorded October 24, 1850. James C. Francis, clerk (Succession Record, Vol. D, pp. 332-333)
September Term 1850
Austin County, Texas: the court orders and decrees that the previous petition be granted (Succession Record, Vol. D, p. 333)
October 2, 1850
Austin County, Texas: Thomas M (A?) Hunt, Andrew J. Bell, and J. J. Jackson appraise the town lots, Nos. 3 & 4, Block No. 2 at $100.00. Filed October 2, 1850 and recorded October 20, 1850; J. C. Francis; signed James J. Jackson and T. M. Hunt (Succession Record, Vol. D, p. 333)
October Term 1850
Austin County, Texas: Miller Francis returned the supplementary inventory, and it was approved and ordered to be recorded (Succession Record, Vol. D, p. 333)
Closure?
In an undated summary of the Joel Lakey case we read:
In the Succession of Joel Lakey, vs. John Hall, adm[inistrator] – Rule for settlement
This case was dismissed by the Court, the above administrator having filed his resignation.
Source: Probate Minutes, Vol. B, p. 207
But there is no word on whether John Hall ever paid the other heirs for the land he bought.
Nancy Leakey’s Probate
Nancy Lakey File #28, Succession Volume C 437-446, 617-621; Volume D 248; Probate Minutes 44, 64, 65, 68
April 9, 1844, Austin County, Texas: Miller Francis petitions the court to empower him to take charge of Nancy Lakey’s estate, relict of Joel Lakey, even though she is not deceased. But she is “a very aged, infirm, and insane woman” and is mentally and physically incapable of attending business. She has four slaves and 35 head of cattle, and some debts are due her. Miller married Nancy’s daughter, and his mother-in-law lives with them. He has hired out her slaves, though he is not legally authorized to do so. He would like to have this authority. (Succession Record, Vol. C, p. 437)
April Term 1844, Austin County, Texas: Judge J. K. McCreasey (?) appoints Miller Francis to become the guardian of Nancy Lakey during her “lunacy.” (Succession Record, Vol. C, p. 438)
April 29, 1844, Austin County, Texas: To become the guardian of Nancy Lakey, Miller Francis, principal, is required to offer the bond of $3000.00, while Isaac L. Hill and Harvey A. Adams are securities. If Miller carries out his duties as the law requires, then the bond is null and void, otherwise in full effect. Witness: J. Hillyard (clerk); signed: Miller Francis, Isaac L. Hill, and Harvey A. Adams. Then Miller Francis takes an oath that he will carry out his duties as guardian of Nancy Lakey. Judge J. K. McCreasey signs the bond and oath. (Succession Record, Vol. C, pp. 438-439)
April 29, 1844: Austin County, Texas: Harvey A. Adams and Isaac L. Hill are appointed appraisers of Nancy Lakey’s estate. She is not yet deceased, but she is noted as a “lunatic.” (Succession Record, Vol. C, p. 440)
April 29, 1844, Austin County, Texas, on the same day Adams and Hill return and make the following inventory, though it is not a word-for-word transcription (but awfully close):
45 head of stock cattle @ $3.50 …………………….,. $157.50
One man 15 years old & colt 4 years old ………..….. $60.00
One woman named Sarah aged 30 years ………….… $500.00
One Boy William aged 5 years …………….…….….. $150.00
One Boy Bob aged 3 …………..…………………….. $100.00
One girl, infant .………………..……………………… $50.00
One note on Terrel Jackson ………………………..… $25.00
One note on Est. of Jesse Bartlett (lost) ……………… $130.00
Total ………………………………………………….. $1172.50
Harvey A. Adams and Isaac L. Hill swear before the judge that this inventory was made by them, to the best of their skill and ability; signed Harvey A. Adams, Isaac L. Hill, and J. Hillyard, before J. K. McCreasey.
Miller Francis, guardian of Nancy Lakey, “LUNATIC,” also makes oath that the foregoing inventory is just and true; signed Miller Francis, before J. K. McCreasey
Source: Succession Record, Vol. C, pp. 440-441
April 29, 1844, Austin County, Texas: Miller Francis petitions the court for permission to sell the cattle and one man and colt belonging to the estate, for cash. There are no available assets in the hands of the guardian, but he supports her, and the expense is equal to cash. Nancy is unable to attend to business due to her lunacy. The judges grants the guardian his petition (Succession Record, Vol. C, pp. 441-442)
May 26, 1845, Austin County, Texas: Nancy Lakey is deceased by that date, not necessarily on that date. Francis is said to be the guardian, and here is his account, though it is not a word-for-word transcription:
Balance due on the account, as per voucher no. 1: $705.02
This amt. paid James Hillyard, clerk fees, no. 2: $15.15
This amt. paid John Hall, no. 3: $121.50
This amt. paid for taxes 1840 & ’41, no. 4: $12.00
This amt. paid for taxes 1843, no. 5: $2.15
This amt. paid D. Ayers, no. 6: 10.00
This amt. paid N. P. Browning, no. 7: $5.00
Added up: $870.80
Commission on gross amt. of 1050.80 at 5 pr in & out: $51.54
Total: $922.34
Balance due brought down: $762.34
On the other side of the ledger:
By this amt. rec’d of the estate of Jesse Bartlett, decd., $135.00
This amt. rec’d of Terrel Jackson: $25.00
Total: $160.00
Miller Francis appeared before Edwin Waller, Probate Judge, and swears the above account is just and true, this 26th May 1845. Edwin Waller approves of the account, same day.
Miller Francis resigns the guardianship of Nancy Lakey, who is now deceased, same date. Judge Edwin Waller accepts his resignation, May 26, 1845.
Source of all the above: Succession Record, Vol. C, p. 443
April 28, 1845, Austin County, Texas: Nancy Lakey is noted as deceased. Miller Francis petitions the court to receive letters of administration to become the administrator of Nancy Lakey, deceased. Isaac Hill is the attorney for the petitioner. The clerk of the Probate Court will advertise on the foregoing petition, April 28, 1845. Signed: Edwin Waller, Probate Judge (Succession Record, Vol. C, p. 444)
May 26, 1845, Austin County, Texas: Probate Judge Edwin Waller appoints Miller Francis administrator, upon giving his bond and security (Succession Record, Vol. C, p. 444)
May 26, 1845: Austin County, Texas: Miller Francis is the principal, and Isaac L. Hill and James A. Railey are securities; they agree to a bond of $1500.00. If he performs his duty well and truly, then the bond is null and void, otherwise in full effect. Attest: Ja’s Hillyard; signed Miller Francis, Isaac L. Hill, and J. A. Railey (Succession Record, Vol. C, pp. 444-445)
May 26, 1845: San Felipe, Austin County, Texas: Miller Francis swears an oath that Nancy Lakey, decd., does not have a will and he shall well and truly carry out his duties as administrator, before J. Hillyard, Probate Clerk. Then he is appointed the administrator (Succession Record, Vol. C., pp. 445-446)
May 26, 1845, Austin County, Texas, James Hall the 3rd and James J. Jackson appraise the estate of Nancy Lakey, decd. The following table is not a word-for-word transcription.
One woman about 36 years old …………..………….…… $400.00
One boy Bill 6 years old ………………..………………… $250.00
One boy Bob 4 “ “ ……..…………………………….…… $200.00
One girl Caroline 18 months old …………………….……. $100.00
2 pr Bedsteads ….…………………………………….…… $4.00
2 Tables ……………………………………………….…… $6.00
122 lbs Cast Hollow ware ……….………………………… $4.00
1 pr And (sic) Irons ………………………………………… $1.00
6 chairs ………………………………………………….….. $2.00
½ Doz. Silver Teaspoons ……………………………….….. $4.00
1 5 gallon Demijohn ……………………………………….. $1.00
2 water pails ………………………………………………… $1.00
2 milk pans ……………………………………………….…. $0.75
Account against H. H. Calvert ……………………………… $12.50
……………………………………………………………….. $986.25
Source: Succession Record, Vol. C, p. 617
June 21, 1845: James Hall III and James J. Jackson certify that their appraisals are correct, signed by them, and Miller Francis also appeared before Wm Bradbury Probate Judge, Beat no. 5, and made oath that the above inventory is correct, signed Miller Francis and Wm Bradbury (Succession Record, Vol. C, p. 617-618)
June 30, 1845, San Felipe, Austin County, Texas: Judge Edwin Waller orders the clerk to record the foregoing inventory is true (Succession Record, Vol. C, p. 618)
June 30, 1845, San Felipe, Austin County, Texas: Miller Francis petitions the court for permission to sell most of the Nancy Lakey’s estate, decd., because of the debt. Specifically: Sarah 36 (now in an advanced state of pregnancy); Bill, 6; Bob, 4; a girl 18 months. Since the woman is pregnant, she cannot come to the courthouse safely. Also Miller seeks to sell the personal property, which is of small value. All of this is to be sold on one-third cash, and the rest on a credit of twelve months. Miller Francis swears his oath that those facts are true. Finally, Judge Edwin Waller grants Francis’s petition, to be sold the first Tuesday of August, next. (Succession Record, Vol. C, pp. 618-619)
June 30, 1845, Austin County, Texas: Miller Francis affirms that on the first Tuesday of August, next, he will sell at his residence the property of Nancy Lakey, decd., namely, Sarah, 36; Bill, 6; Bob, 4; and a girl 18 mos; also some personal property, consisting of bedsteads, tables, chairs, casting, &c. The property will be sold on one-third cash, and the rest on a credit of twelve months; signed Miller Francis. (Succession Record, Vol. C, pp. 619-620)
August 5, 1845, Austin County, Texas: Harvey A. Adams, Isaac Connelly, Cha’s Railey are called upon to appraise one cupboard and one butter stand, previous to the sale. They value the same under oath at $5.50, signed by the three appraisers, before Wm Bradley, Probate Judge, Beat no. 5 (Succession Record, Vol. C, p. 620)
August 5, 1845, Austin County, Texas: schedule of the sale of Nancy Lakey’s property, decd. Amos Gates is Joel and Nancy Lakey’s son-in-law who married their daughter Lydia. The following table is not a word-for-word transcription.
One woman and three children sold to Amos Gates ….………………..…….. $667.00
122 lbs Hollow ware (?) to ditto ….……….………………………………….. $2.69
2 pr. Bedsteads to ditto …………………….………………………………….. $2.67
½ doz. Chairs to ditto …………….…………………………………………… $1.33
½ doz. Silver teaspoons to ditto ….…………………………………………… $2.67
2 tin pans to ditto .………………….………………………………………….. $0.92
One cupboard & one butter stand to ditto …………………………………….. $4.55
One five gallon demijohn to Mrs. Simpson …………………………………… $1.00
Two tables sold to H. A. Adams ………………………………………………. $5.00
Two water pails to ditto ……………………………………………………….. $0.67
Miller Francis, administrator, certifies and swears that the above sale is correct, August 5, 1845, before Judge Wm. Bradbury, on the same day.
Source for above sale and certification: Succession Record, Vol. C, pp. 620-621
January 29, 1849, Austin County, Texas: Final settlement of Nancy Lakey’s estate. But it is not a word-for-word transcription.
On the Debit side, it says “To amt.”
* There is a bill of appraisement for $986.25 (May 26, 1845);
* A sale bill of sale for $689.15 (August 5, 1845).
* Charges are Voucher no. 1: $295.25.
* These latter two amounts are $984.40;
* To balance due administrator, $345.20;
* These latter amounts ($984.40 and $345.20) work out to $1329.60.
On the Credit side, it says “By amt.”
* May 24, 1845, Voucher no. 1, $1000.25;
* April 29, 1844, taxes, Voucher no. 2, $15.15;
* January 1, 1844, John Hall’s receipt, Voucher no. 3, $121.50;
* Nov. 30, 1841, Tax receipt, and then receipt ’40 &’41 (?), Voucher no. 4, $12.00;
* March 4, 1844, tax receipt, 1843, Voucher no. 5, $2.13;
* March 19, 1844, David Ayres receipt, Voucher no. 6, $10.00;
* January 11, 1845, N. P. Browning, Voucher no. 7, $5.00;
* July 31, 1846, Asa Robinson, Voucher no. 8, $4.65;
* Sept. 28, 1846, J. Hillyard, clk’s fees, Voucher no. 9, $22.25;
* October 15, 1845, B. D. Freddie___, ap’r (sic), Voucher no. 10, $12.45;
* September 27, 1845, Wm. Bradbury, Receipts, Voucher no. 11, $3.00;
* September 27, 1845, Harvey Adams, Voucher no. 12, $60.00;
* No date, tax for year 1842, Voucher no. 13, $1.75;
* January 1, 1844, J. J. Cassily (?) Receipt. Int. Voucher no. 14, $39.45;
* Dec’r (?) 2, 1841, James Hall, Voucher no. 15, $20.00.
These amounts total $1329.60.
Amt. brought forward: $345.20
Commission on $1329.60 at 5% is 66.28
By the amount Court fees: $11.27
Total: $422.75
“All of which is Respectfully Submitted January 29, 1849” Miller Francis
In the February Term, 1849, Wm Bradbury, Chief Justice of the Probate Court, accepts the final settlement and orders it recorded.
Source for final settlement: Succession Record, Vol. D, p. 245
Summary
Briefly, Joel Leakey (Lakey, Lackey) and Nancy Calloway enjoyed a four-state journey: North Carolina, Kentucky, Louisiana, and Texas. They helped the Republic of Texas fight for independence from Mexico, so they earned their place in Texas history. Anyone descending from them can join the Old Three Hundred and Daughters of the Republic of Texas. Yes, they owned slaves, but so did other landowners back then, so nothing unusual (though the institution was wrong; see my post My ancestors owned slaves on how I handle this historical fact).
Pioneers are always heroic. Joel and Nancy deserve our respect.
Live as Free People 