The handwritten probate document was transcribed from a copy provided by Nina M. (Cosper) Fuller.The document was transcribed as read without alteration.
The unit of measure used in the land description was the vara, abbreviated vas in the document.The Texas vara is 33 1/3 inches long.
Estate of Joel H. Cosper Exhibit & application for order to sell land Filed 21 Nov 1889 W W Upshaw co clerk Bell co.
Estate of Joel H Cosper In the county of Bell County Texas November the 18th day AD 1889.
To the honorable John M. Furman County Judge of Bell Co Texas.
D B F Cosper & J T Cosper executors of the last will of Joel H. Cosper deceased beg leave to submit the following exhibit showing the present condition of said estate.
They charge themselves with full amt of the inventory of said estate$1729.10 To gain on the sale of personal property above appraisement20.00 Total$1749.10
They ask credit for the amt realized on sale of personal property as heretofore reported paid out on funeral expenses last sickness & other debts$171.50 By loss on sale of cattle below appraisement2.50 “ 35 bushels corn feed to stock17.50 “ personal property an based as follows. 1 Wagon appraised15.00 3 Plows“3.00 5 Bed Quilts“20.00 1 Beauro“10.00 1 Safe“3.00 2 Tables“2.00 Family Library“7.00 Total251.50
By amt of Cridey-Brot(?) owin$251.50 Homestead on hand & appraised at1500.00 Total credits$1751.50
Your executors would then state that the personal property belonging to said estate now on hand is in such a poor and dilapidated condition that they have not been able to sell the same at any price although they have made frequent efforts to do so.
The total indebtness of said estate as will more fully appear by referring to the claim docket of this Court is about$461.00 2 ---- ---- at 8 per cash owings73.76 Attorneys fee75.00 Other expenses of administration will probably amt to 150.00 Indebtedness $659.76
There are no outstanding or rejected claims against said estate.
Your executors would further state that the will of their Testator provides that the surviving widow Mary A. Cosper have one hundred dollars out of his estate.And that so long as she remains a widow and live on the home that she shall have a support out of the rents of the same, but so soon as she marries or removes off of said home that these same shall be sold and the proceeds distributed as directed in said will.We further represent that the said Mary A Cosper surviving widow of the late Joel H Cosper deceased has been paid by your executors at her request the said one hundred dollars provided for her in said will and that she has long since abandoned said premises as a home and has moved out of Bell County.Your executors further represent that the homestead is the only available property belonging to said estate that the debts of said estate cannot be paid without a sale of said land and that said estate cannot be distributed according to the provisions of said will without a sale thereof.Your executors further submit that in their judgement it will be highly to the interest of said estate to sell said land at private sale and for cash.Wherefore they ask Your Honor to grant them an order to sell the following tract of land as the property of said estate for cash and at private sale.Said land being described as follows.
Beying located and situated in Bell CO Texas on Lampassas Riverside about 17 miles SW of the city of Belton the same being a part of the Thomas H. Gatlin 320 acre survey.Beying at the N. E corner of Lanes 120 acre survey.Thence S 71 W 357 vas. to a corner in Lanes North line, from which a Post Oak bear N 55 E 5 6/10 vas. an other bearing N 55 W 11 8/10 vas.Thence N 3 degrees E (passes a live oak as fore and aft, said live oak being 50 inches in circumferance) 660 vas to stake for corner, from which a Pecan bears N 78(79?) W 95 vas.Thence N 79 W 95 vas. to said Pecan for corner.Thence N 3 degrees W (passes a large Over Cup Oak as fore & aft with hollow and burn on south side top broke off) 595 vas to the Channell of Lampasas River.Then down the channel of said river with M ---- to the north line of Thomas H. Gatlin.Thence 71 E to the Thomas H. Gatlin N E corner.Thence S 19 E with said Thos H Gatlin East line to the place of begining containing 100 acres more or less. All of which is respectfully submitted
D. B. F. Cosper J. T. Cosper Executors
Sworn to and subscribedbefore me this 21st day November 1889. W W Upshaw co clerk Bell co Texas