Estate of Elbert J Rachels
Transcription from the Rusk Co. courthouse of the administration of the estate of Elbert J. Rachels. It contains names of many citizens in Rusk County in 1858, 1859 and 1860. Elbert is the son of John C. and Kerenhappuch (Caron) Smith Rachels from Jasper and Hancock counties Georgia. He is the brother of Missouri Rachels Smith (William M.) and Leacy Rachels Blount (Joab) who are found on the Rusk County Texas census 1860 and 1870 and also John Pinckney Rachels. It states W. F. Garrett is his brother-in-law. Elbert died in Rusk Co. it appears in late 1858. He seems to be a carpenter, as there were many woodworking tools sold at the auction of his estate as well as farm tools, and household items including a "looking glass", spectacles and molasses stand. It is interesting to see the medicines administered during his illness, quinine, colomel and laudanum. Among the names found in this transcription are Garrett, Blount, Smith, Rachels, Dickson, Watson Cunyers, Spinks, McHaney, Hale, Pegues, Watson, Whetstone and others. I hope others looking for family clues might find a piece of their family here.Carolyn Lauderdale
Rusk County Probate Files and Records 1843-1878
Book "E" #535 -542
Estate of E.J. Rachels Deceased
The State of Texas
County of Rusk
To the Hon H.D. Redwine Chief Justice of the County of Rusk holding sessions for
said county pertaining to successions. Your petitioner W. F. Garrett, a
resident citizen of said count of Rusk respectfully makes known unto your Honor
that one Elbert Rachels lately departed this life in the count aforesaid
intestate leaving property of a personal character consisting of cotton,
carpenter tools, notes, etc. Your petitioner further states that it is essential
that immediate administrator be had on said estate and that the deceased is or
was a near relative of his, to wit a brother-in law. And the premises being all
considered he prays your Honor to appoint him administrator of the deceased at
your next regular term of our Honors court. And as in duty bound he will ever
pray.
J.W. Flanagan
For the Petitioner
Petition of William F. Garrett for Letters of Administration Estate of Elbert
Rachels. A. D. Tinsly, substitute filed March 9th 1858 A.D .
C J Garrison, CCC Rusk Co.
Notice
Whereas William F. Garret has filed his petition in the office of the clerk of
the county court of Rusk County praying to be appointed Administrator of the
estate of Elbert Rachels, deceased.
Notice is therefore hereby given to all persons interested in said to be and
appear at the next term of the county court of Rusk County pertaining to the
estates of deceased person et al to be holden on Monday the 29th day of March
A.D. 1858 at the court house in the town of Henderson the county seat of said
county then and there to show cause if any they have why said application should
not be granted.
Henderson March 19th A.D. 1858 C. J. Garrison CCC Rusk Co.
Estate of Elbert Rachels deceased Notico Filed March 29th 1858
C.J. Garrison CCC Rusk Co.
Order
March
Term
1858
Estate of Elbert J. Rachels
And now at this term of the court the petition of William F. Garrett for the
appointment of administrator upon said estate coming on to be heard and the
written application of A.D. Tinsley for the appointment of administrator upon
said estate (by the request of the said W.F. Garrett in the stead of the said
Garrett) And it appearing to the court that the required notico had been given,
it is ordered by the court that A.D. Tinsley be appointed administrator of said
estate upon his entering into bond in the sum of $2,000.
The State of Texas
County of Rusk
Know all men by these presents that we A.D. Tinsley as principal and
James W. Flanagan and John Rachels his securities are held and firmly bound unto
the Chief Justice in the full sum of two thousand dollars for the payment of
which sum will and truly to be mad. We did bind ourselves our heirs executors
administrators and assigns jointly and severally firmly by these presents signed
with our hands and sealed with our seals the seals being soralls this the 29th
day of March A.D. 1858. The condition of the above obligation is such that where
as the above bound A.D. Tinsley has been appointed by the Chief Justice of Rusk
County administrator of the estate of Elbert J. Rachels deceased. Now if the A.D.
Tinsley shall will and truly perform all the duties required of him under said
appointment then this obligation to be null and void. Otherwise to remain in full
force and effect
I approve of the above bond March A.D. Tinsley (seal)
29th 1858 John Rachels (seal) J.W. Flanagan (seal)
H.D. Redwine
Chief Justice, Rusk Co.
I, A. D Tinsley do solemnly swear that Elbert J. Rachels deceased, died without
leaving any lawful will so far as I know or believe and that I will well and
truly perform all the duties of administrator of the estate of the said Elbert
J. Rachels, deceased, to the best of my skill and ability, so help me God.
A. D. Tinsley
Sworn to and subscribed before me this the 29thy day of Marc, A.D. 1858.
C.J. Garrison, CCC Rusk Co.
The State of Texas - County of Rusk
In County Court March term AD 1858
To all to whom these presents shall come know ye that A.D. Tinsley having filed
his petition in the office of the clerk of the County Court praying to be
appointed administrator of the estate of Elbert J. Rachels, deceased late. Of
the county of Rusk who died seized and possessed of divers goods and chattels
rights and credits within said State of Texas and the said A D Tinsley having
given bond conditions as the law requires in the sum of two thousand dollars.
and we being desirous that said estate may be well and faithfully administered,
kept and preserved do hereby grant unto the said A D Tinsley of the State and
County first above mentioned full power as administrator of said estate to ask
for recover and receive all the effects of said estate to make a perfect and
just inventory of the same and to furnish at all times when therewith legally
required a just account of the said administration. And the said A D Tinsley is
hereby and by these presents constituted and appointed administrator of all and
singular the goods and chattels rights and credits lands and tenements of E. J.
Rachels deceased.
In witness where of I have caused the seal of the County Court of Rusk County to
be there unto officed at Office in Henderson this the 29th day of March AD 1858
C J Garrison H D Redwine, Chief Justice Rusk County Texas
Clerk County Court
Estate of E. J. Rachels, Deceased
Endorsed
Estate of E J Rachels Letters of administration. Copy Filed March 29th 1858
C J Garrison CCC Rusk Co.
Order
March
T 1858
Estate of Elbert J. Rachels
And now at this term comes the administrator of said estate and moves the court
to appoint appraiser to appraise the property belonging to said estate. Where
upon the court appointed John C. Spinks, Joseph G. Duncan and Cornelius McHaney
appraisers of said estate.
The State of Texas
County of Rusk
To the Sheriff of said county, Greeting. Whereas at the March term of the
county court pertaining to the estate of deceased persons and order was made
appointing John C. Spinks, Joseph G. Dunkin & Cornelius McHaney appraisers of
the property belong to the estate of Elbert J. Rachels, dec'd. You are therefore
hereby commanded to notify the said John C. Spinks, Joseph G. Dunkin & Cornelius
McHaney that they proceed forthwith to appraise the property belonging to said
estate and that they make due return thereof under oath to this court within
sixty days. Herein fail not and make due return how you have executed same.
Given under my hand and seal of the office inn Henderson this the 29th day of
March AD 1858
C J Garrison, C.C. C. Rusk Co.
We accept service on the within and waive copy this the 19th day of April, AD,
1858, J.G. Dunkin, C. McHaney, J. C. Spinks
Filed April 26th 1858 C J Garrison, C.C.C. Rusk Co.
Order
April
Term/58
Estate of Elbert J. Rachels Deceased
And now at this term of the court comes the administrator of said estate & files
and inventory & appraisement of the property belonging to said estate which
being examined and considered of by the court. It is ordered by the court that
the same be received and recorded.
Inventory
Appraisement of the property belonging to the estate of Elbert J. Rachels,
Dec'd. Made on the 21st day of April ,1858
Articles Price Cotton frome & sheet 15 00
1 Box of 1 Harrow 2 00
carpenter tools 50 00
1 Lot lumber 3 00 1 lot plows 5 00
1 Wood bench 3 00 1 Table and contents 3 00
Axe & grubbing how 1 50 1 Breast pin 1 00
Door clamp 1 00 1 Saddle & bridle 8 00
1 Set Gear 8 00 1 pr Steel yards 2 00
1 Waggon & Bed 75 00 1 lot books 10 00
1 pr Andirons 1 00 1 Coffee Mill 50
1 Table 1 00 4 Blankets 4 00
1 looking glass 1 00 2 Blind Bridles 1 00
1 Bedstead 2 00 3 Single trees 2 00
1 Mattress 2 00 House & lot in Edwardsville 30 00
Horse whip, pepper box,
molasses stand 2 00 1 shirit level 2 00
1 Shot gun 15 00 1 pr foot adds 2 00
2 Umbrellas 1 00 $252 00
1 pr smoothing irons 1 00
1 table 1 00
The State of Texas
County of Rusk
Personally appeared before me the undersigned an acting Justice of the peace in
and for the count aforesaid, Cornelius McHaney, John C. Spinks and J G Dunkin
and made oath that the forgoing appraisement as stands stated is correct to the
best of our knowledge & belief. Given under our hands this 21st day of April,
AD, 1858.
Sworn to & subscribed before me Cornelius McHaney
J.G. Dunkin
Jno. Angell, J.P.
J. C. Spinks
Dr. A. D. Tinsley also appeared before the undersigned a- Justice of the peace &
made oath that he has exhibited before the appraisers all the property that came
to his knowledge this 21st day of April, 1858. A. D. Tinsley
Sworn to before me Jno. Angell, J.P.
Estate of E.J. Rachels, Inventory & appraisement.
Filed April 26th 1858. C.J. Garrison, C.C.C. Rusk Co.
Order
April
T/1858
Estate of E. J. Rachels, Deceased
And now at this term of the court comes the Admn. of said Estate and moves the
court to grant him an order to sell the perishable property belonging to said
estate which being considered of by the court, it is ordered by the court that
the said admn. sell the perishable property belong to said estate at the
residence of John Rachels on the 8th day of May, AD, 1858 on a credit of 12
months.
Order
May T
1858
Estate of Elbert J. Rachels, Deceased
The report of the sale after perishable property of said estate being filed and
the same being examined by the court, it is therefore ordered that it be
received and recorded. The claim of the administrator of $67.60 against said
estate being filed and being regularly sworn to the court therefore ordered that
it be allowed and that the administrator be allowed to retain that amount out of
the proceeds of the sale.
Purchaser Articles Paid
J R Rachels 7 Hogs 20 50
Jo Blount 1 Table 75
Jo Blount 1 Spider 75
J P Elder 1 Coffee Mill 25
Jo Blount A Smoothing Irons 50
J P Elder Table 40
John Rachels Looking Glass 1 10
Wm Smith Bedstead 2 30
Jno M Watson Mattress 4 00
J P Elder Molasses Stand & pepper box 50
J P Rachels Hone 25
J P Rachels Saddle Bridle & Blanket 10 50
Jo Blount And Irons 1 10
John Rachels Lot of Books 1 10
P A Pegues 1 Book 75
J Rachels 3 Books 1 30
Gideon Garrett 1 Book 2 15
J P Elder 1 Book 50
Joe Blount Lot Books 60
Wm Smith 1 Book 2 90
C McHaney 1 Bell 75
Jas M Watson Shot Gun 15 00
W Smith Umbrella 25
J Rachel Breast Pin 1 00
Estate of Elbert J. Rachels,
Deceased
W Smith Blanket 2 00
J Rachels 1 pr Steed yards 1 25
J P Elder Saw 75
Wm F Garrett Hand Axe 1 25
Gideon Garrett Auger 80
Wm F Garrett Square 1 50
Wm F Garrett Plain 4 75
P A Pegues Plow & Plain 4 05
P A Pegues 1 pr Groove Plaines 4 95
P A Pegues Sash Plain 2 87
P A Pegues Moulding Plain 1 00
P A Pegues Match Plain 2 25
W F Garrett Bead plain 1 00
WF Garrett " " 1 00
E Dickson Jack plain 1 25
W F Garrett Smoothing plain 75
W F Garrett Moulding plain 50
Wm F Garrett Brace & bits 6 50
T Leach Hand vice 75
J Rachels Spurn 50
W F Garrett Saw 50
W F Garrett Hammering Mallet 1 00
W F Garrett Square 60
W F Garrett Chisel 1 00
W F Garrett 2 Chisels 1 50
E Dickson 2 " 1 00
E Dickson Set forum chisels 3 75
A G DuePuy 2 chisels 1 00
W F Garrett Draw knife 75
W F Garrett Brush 30
W F Garrett Auger 50
W F Garrett Compasses 1 50
W F Garrett Work Base 3 75
Phillip A
Pegues 2 Augers 1 00
James M Watson Clevis & pin 25
P A Pegues Harrow 1 00
P A Pegues Waggon Bed 15 00
J M Watson Waggon Bed 70 00
J C Spinks Blanket 70
James M Watson Set of Harnesses 7 75
Elbert Dixon 2 plows 75
Jo Blunt 2 plows 2 00
E Dickson 2 plows 2 25
Estate of Elbert J. Rachels,
Deceased
Jo Blount Hoe 65
James M.
Watson Work bench 2 35
E Dickson Door clamp 1 00
J M Watson Lot of Lumber 3 00
E Dickson Single Tree 75
J M Watson 2 single trees 1 00
T A Mosely Axe 65
James M Watson Hoe 10
W F Garrett Razor 1 00
Wm Smith Razor 1 00
J Rachels Knife 1 00
J P Elder Pr spectacles 38
J Rachels Table 2 50
J Rachels Horse flumes 50
A F Cunyers Broad axe 3 75
J F Cunyers Foot ads 1 40
W F Garrett Spirit level 1 05
J Rachels Saw 1 12 1/2
W F Garrett Saw 87 1/2
W F Cunyers Saw 3 00
P A Pegues Tenant Saw 2 00
John Rachels 1 whip 1 15
John F Cunyers Work bench 50
James M Watson Rope 10
Estate of Elbert J Rachels, Dec'd
The State of Texas
County of Rusk
Before me the undersigned authority this day personally appeared A D Tinsley
Admn. of the estate of Elbert Rachels deceased who being duly sworn says on oath
that the foregoing report of sale of the property belonging to said estate is
true & correct to the best of his knowledge and belif.
Sworn to & subscribed before me this the 31st day of May AD 1858. C. J.
Garrison, CCC Rusk Co.
Elbert J Rachels D'd
1857 To A D Tinsley
March 26th To cash loaned in bellowing $1.50
August 8th " " loaned 6.00
Sept 24th Visit, pres and med for self 2.00
Oct. 2nd " 49 grs Quinine .88
Oct. 25th " 35 grs quinine .75
Decr 3rd " 1 lb Salts .25
" " 2 ozs Calomel .50
" " 1 vial Sp Acid .25
" " 1 lb Salts .25
" " 4 ozs laudanum .75
Amt. $13.13
1858
Jany 5th To amt of act on J Mitchell 69.30
" " amt of acct on T A Mosely 14.17
Feby 12 " Cash 1.00
97.60
By services 2 months at 15.00 per mo. 30.00
$67.30
Due A D Tinsley twenty six dollars and twenty eight cents for value rec'd of E J
Rachels March 5th 1857.
The State of Texas
County of Rusk
This day personally appeared before the under signed authority A D Tinsley who
state on oath that the written account and not attached is due just and true
against the estate of Elbert J. Rachels after allowing all offsets and payments.
A D Tinsley, sworn & subscribed in open court this the 31st day of May 1858
H D Redwine Chief Justice
Apc. Elbert J. Rachels with A.D. Tinsley Filed May 31st 1858
C J Garrison clk
Estate of E. J. Rachels, Deceased
Order
March T,
1858
And now at this term of the court comes the admn. of the said estae and files
his report of the condition of said estate, which being examined and considered
of by the court it is ordered that the same be received and recorded.
Estate of Elbert J Rachels
1858 Claims presented (vs) Estate of E J Rachels
March 26th P A Pegues note due 25th Dec 1857 $45.00
" " P A Pegues note due 1st day Jany 1858 51.02
" " Pegues & Hamilton note due 1st Jany 1859 for $91.81
Credited April 25th 1857 by $20 71.81
" 27th P A Pegues Act 30.45
March 26 rejected an act presented by P A Pegues of $196.54
Amt received of J. C. Spinks paid for cruers (?) $9.00
And now comes the admn of the estate of E J Rachels dec'd and makes this an
additional report & prays the court to receive it as such sworn to & subscribed
before me this March 28th, 1859. A D Tinsley admn.
Perry G. Whetstone, CCC., Rusk Co.
Estate of E.J. Rachels, Additional Report filed March 28th , 1859.
Perry G. Whetstone, CCC, Rusk Co.
Rec'd of A D Tinsley admn of E.J. Rachels, deceased, Seventeen dollars & seventy
cents in full of the court fees in said administration this March 18th 1859.
Perry G. Whetstone, CCC, Rusk Co.
Receipt for court cost filed March 18th 1859. Perry G. Whetstone, CCC, Rusk Co.
Estate of Elbert Rachels Deceased
Order
June T.
1859
And now at the term of the court comes the admn of said estate and files his
annual report of the condition of said estate which being examined and
considered of by the court it is ordered by the court that the same be received
and recorded.
The State of Texas
County of Rusk
County Court June Term A D 1859 Hon. J C Miller presiding and holding court
pertaining to successions your reporter A D Tinsley ad admn of the Estate of
E.J. Rachels begs leave to make this his quarterly report having made his annual
report at the March Term and since which time reporter has rec'd from J. D. Ham
add'l through his deputy P. Lacy the amount of a judgment against P A Pegues
$48.79
Balance collected on Graybills note 34.00
$82.79
He has paid out for court fees and judges commissions $19.39
Paid A. Fog for making coffin $10.00, paid Co.
Spinks for crying sale $2.50 12.50
Paid Col. Spinks for appraising property $2.00.
Paid John Rachels, father of dec'd $92.50 94.50
$126.39
Paid Joseph Duncan as appraiser 82.79
[math error] 33.60
2.00
Showing a balance in favor of Reporter of $35.60
Nothing has been presented no suit has bee brought nor has any property come
into the possession of Reporter since his last report all which is respectfully
submitted and prayed to be appointed June 25th 1859
The State of Texas
County of Rusk
This day personally appeared before me the undersigned A D Tinsley and stated on
oath that this report is correct to the best of his belief & recollection.
Sworn to & subscribed before me this the 25th day of June 1859 A D Tinsley
Perry G. Whetstone, CCC, Rusk Co.
(see Book G. page 570)
endorsed
Estate of E.J. Rachels Report, June Term 1859
Filed June 25th 1859, Perry G. Whetstone, CCC, Rusk Co.
"Book G, Page 570"
Estate of Elbert Rachels, deceased
The State of Texas
County of Rusk
County Court March Term AD 1859
Hon. J C. Miller, Chief Justice holding court pertaining to successions, your
reporter A D Tinsley admn of the estate of E.J. Rachels begs leave to make the
following report, to say the claims hereto attached that have been presented
allowed and rejected showing the amount accepted to be
$933.43
Amt rejected $55.00
Amount of sale bill heretofore returned $264.21
Amount of claims due 339.79
600.00
Notes due and unpaid 212.25
$812.25
One of the notes hereto shown on E. & C, JC Norris for $137.50 reporter states
he has just placed in the hands of J.W. Flanagan for collection nothing more has
come in the hands of reporter or to his knowledge since his last report all
which is respectfully submitted and prayed to be approved.
A List of Claims accepted as admn of E.J. Rachels, by A.D. Tinsley as Admn.
$ Cts
220 38
50 00
49 57
11 25
9 25
18 38
9 87
21 83
9 17 1/2
10 00
22 59
51 00
126 63
12 50
5 96
45 48
57 93
10 00
1858
April 26th John Rachels acct for
July 31st John Watson note due Feby 27th 1858
Aug 12th Jesse, G. B. Graybill note due Feby 14th /58
Aug 16th Pierce Clay acct
Aug 16th John W. Angell a/c
Aug 16th James G. Dunkin a/c
Sept 4th N. Guerin a/c
Sept 29th Joseph Norris a/c
Nov 15th G.B. Garrett a/c
1859
Jan 4th A. Fog a/c for coffin
Jan 4th B. W. Alberty a/c
Jan 8th Wm F Garrett note due 4th Jan 1859
Jan 20th C B Bacon 3 notes amt
Jan 21st Neal Brown act
Feby 5th B. F. Thompson & Son 1858
Feby 12th G. W. Blount note due 1st Jany /58 for $100. cr $5 pd Jany/58. $40 pd
Feby 20th/58 and $11.88 pd. March 3rd 1858
Feby 23rd F. A. Brown & Co. note due 1st Jany 1858 with 10% interest
Feby 26th H. P. Hale
Estate of Elbert J. Rachels, deceased
1859
11 29
40 00
73 01
96 33
933 43
Feby 27th John Mitchell
March 5th James M. Waide note due 1st Jany 57
James M. Waide note due 1st Jany /58 10 pct int.
Amt if A, D, Tinsley filed in clerks office May 31st 1858
Rejected March 3rd 1859 am act for $55.00 presented by John & Mahala Angel
Amt. received by A.D. Tinsley admn of E. J. Rachels
Amt execution (vs) A. M. Pegues 27.00
" C.H. Norris 175.79
" J. Blount 47.00
" J. G. B. Graybill 90.00
$339.79
Notes due
Balance on C. H. Norris due 25th Decr/58 99.11
Balance on J. G. B. Graybill due 1st Jany /58 23.00
On E & C.H. Norris due 25th Decr /58 137.50
Balance on J Vlount due 1st Jany/59 13.00
Judgment on P. A. Pegues 37.64
212.25 (does not add)
Amt Sale on My 8th 1858 due 12 months $260.21
The State of Texas
County of Rusk
This day personally appeared before the undersigned authority A. D. Tinsley who
states on oath that the statements of amounts heret annexed are true to the best
of his knowledge and belief.
March 18th 1859 A. D. Tinsley
Ben Smither J.P. R. C.
The report of A. D. Tinsley Admn of the estate of E. J. Rachels
Filed March 18th 1859 Perry G. Whetstone, CCC, Rusk Co.
Estate of E. J. Rachels, deceased
Order
March Term
1860
This day comes the adm of said Estate and files his annual report of the
condition of said estate which being inspected by the court, it is ordered by
the court that the sum be received and recorded and it is further ordered by the
court that the said admn. pay out the money now in his hands to the creditors of
said estate, making appropriate payment of 30 per cent.
(over)
Estate of Elbert J. Rachels
The State of Texas
County of Rusk
To the Honorable Jno C. Miller, Chief Justice in and for the county of Rusk,
holding court pertaining to successions your reporter A. D. Tinsley admn of the
estate of E. J. Rachels begs leave to make the following report. Since his
report made on the 25th day of June 1859 he has received from
Charles Norris, $100.00
from J. Blount 13.00
$113.00
And he has paid to P. A. Pegues $34.37
To B. W. Alberty 8.50
John Mitchell 6.75
H. P. Hale 5.00
T. A. Brown 3.25
J. W. Flanagan attys fee 25.00
92.87 (again, does not add)
Paid Fees to J.P. Elder, Justice of the
Pease & A. Garrett constable 9.50
$102.37
Reporter state that this exhibit shows all that has come into his hands since
the report alluded to and he has paid out as above all which is respectfully
submitted and prayed to be approved. Reporter thinks the estate will not be
solvent and able to pay the full amount and he suggest the payment of say a pro-
rata of thirty percent .
All which is respectfully submitted
Sworn and subscribed in open court A. D. Tinsley
March 26rh 1860, P. G. Whetstone, CCC, Rusk Co.
By J. N. Still, deputy
Estate of E. J. Rachels report March term 1860
Filed March 26th 1860 P. G. Whetstone, CCC, Rusk Co.