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TEXAS
1838 - The marriage license between Burrell Perry and Jane
Botts was issued on 5 Jan 1838, they were married by R. A.
Alexander on 28 Jun 1838, and the license was recorded
11 Oct 1838.
1838, "Census" no twp.listed, Washington Co., Repub. of TX -
Burrell appears. NOTE: Diana PERRY and Polly PERRY appear for
1836; George GWYN appears for 1836; Polly PERRY appears for
1836; Mary PERRY appears in 1838. [Same as Polly?] Diana appears
in 1843 and D.A. in 1845. [Ducalian A.]
Apr 1839, Washington Co., Repub. of TX - Burrell PERRY has a
$52.50 transaction involving 6 mares with Lewis C. CLEMMONS.
This indebtedness was presented on 18 Jan 1841 as a part of the
settlement of the Estate of Burrell PERRY.
Apr 1840, ditto - Burrell purchased supplies among which was
41 lbs. of two grades of salt, 1 gal whisky, and 1 bonnet.
Total $10.30
Between 25 May & 2 Aug 1840, Washington Co., TX - Burrell dies.
He names his daughters, Rebecca and Dianah, as such, and later
names the married sisters, Polly FISHER and Dienah GUINN. He
names his deceased son, Richardson PERRY, and appears to
indicate other unnamed children with whom some of the estate
is to be divided. The absence of punctuation in the document
leads to some uncertainty in its precise meaning.
( See document section for will.)
On 2 Aug 1840 George GUINN [on the acct of the Estate of
Burrell PERRY] paid Sheriff Robert STEVENSON $60 for part of
the Execution against said PERRY from the Court in favor of
Stephen JONES. This indicates that Burrell is now dead.
Washington Co., Repub. of TX: In Probate Court December Term
1840, James W. MOORE swore that he was well acquainted with
Burrell PERRY, late of the county of Washington, deceased,
and that he witnessed Burrell PERRY subscribe at the end of
the instrument dated 25th May 1840 now produced and purported
to be the last will and testament of said PERRY...
/s/ James W. PERRY 28th Dec 1840 Washington Co., Repub. of TX:
In Probate Court December Term 1840, Jane PERRY gave oath
that the writing offered was the last will and testament of
Burrell PERRY and that she would execute thereof according to
law, and that she would return a true inventory of the
Estate and an account of sales. 28 Dec 1840
/s/ Jane (her X mark) PERRY
Washington Co., Repub. of TX: In Probate Court, May Term 1841,
Jane Perry represents that Burrell PERRY, deceased, made a will
appointing Robert L. ARMSTEAD and George GUINN [as executors]
and those executors have refused to act and that she was the
wife of the deceased and requests being appointed administrator
with the annexed will...She petitions to sell so much of the
Estate as sufficient to pay the debt of the deceased as well as
the amount due the court. Probate Judge Dan I. TOLAR granted
the petition upon the bona fide filing of sufficient security.
He ordered an appraisal and granted the sale of some of the
property of the Estate-- the sale to be advertized for 20 days
previous to the sale which will take place on the 1st Tuesday
of Aug 1841 at the residence of the deceased.
A security bond for $5,000 holding Jane PERRY, John FISHER,
[other names erased] bound was posted and signed by Jane
(her X mark) PERRY, John FISHER,and William (his X mark)
BOATWRIGHT
On 15 Jun 1841, an appraisal of the Property of Burrell PERRY
was submitted by James W. MOORE, Nathan BOREN, and John B. DUPUY,
J.P. of Washington Co., Repub. of TX. (See 13 Dec 1842, below
for Indenture not mentioned in this grouping)
[Washington Co., Repub. of TX, Probate Crt. Rec.Bk.C, p.165
(filed 25 Mar 1844) "Petition for Final Settlement of Estate of
Burrell PERRY, decd.] At the Mar 1844 Term of the Probate Court,
Jane PERRY represents that she has paid all outstanding debts of
the Estate except for the fees due the Court and that she wishes
to assume those fees as her own responsibility, and prays to have
final settlement of her administration. The request was granted,
and she was released from further liability.
May 15, 1846--In a deed (Washington Co., TX, Deed Book H, p.27)
from Burrell Perry to George Guinn "Know all men by these
presents that I Burrell Perry of the State of Mississippi County
of Hancock am held and firmly bound unto George Guinn of the State
and County aforesaid in the final sum of fifteen hundred dollars
good and Lawful Money payment well and truly to be made I bond
myself my and each of my heirs justly and sevraly firmly by these
presents sealed with my seal and dated this the 15th day of
May 1846 A scroll being used as my seal --- The conditions of this
Instrument is such that whereas the above named George Gwinn of
the County of Washington State of Texas aforesaid has this day
paid unto the above named Burrell Perry of the State of Mississippi
aforesaid the sum of fifty Dollas in consideration of which
payment he binds himself to the said Guinn to relinquish to him
& others named in the Will of Burrell Perry his father who died
in Texas all of his portion if any in and to the Estate of
Richardson Perry his brother who fell in the Alamo and he further
binds himself that his full brothers and sisters will relinquish
in his favor and the favor of those named in said will according
the true spirit and intent thereof and should the said parties
aforesaaid relinquish as aforesaid then and in that case the
above bond will be null and void otherwise remains in full force
& virtue day and date above". [Signed by Burrell Perry;
witnessed: John Gray and G. W. Giddings].
[This is Burrell Perry, Jr.]
13 Dec 1842, Washington Co., Repub. of TX - [Washington Co.,
TX, Dd. Bk. F, p.24 (filed 4 Feb 1843)] Jane PERRY, widow,
admx of the late Burrell PERRY, made and entered into an
indenture between herself and Stephen JONES such that in
consideration of a certain bond drawn by Burrell in his
lifetime in favor of Stephen JONES for title to 40 acres
off the NE corner of a 250 acre tract belonging to the
Estate of Burrell PERRY, decd., and in further consideration
of $100 paid by JONES, sells and releases the 40 acres to him.
/s/ Jane (her X mark)PERRY
wits.: John B. DESPERY & William JONES
Estate of R Perry Dec’d Petition for Partition Filed 7th
July 1854 Probate Minutes Vol B. Page 180-397 Washington Co.
Texas
The State of Texas {County of Washington} To the Hon. the
Chief Justice of said County The Petition of Jane Fisher
James Fisher William F Fisher and Ann Fisher minor heirs
of Mary Fisher, decd who are represented in this petition
by John Fisher their father and guardian show unto your Honor
that are entitled to a distributive share of the Estate of
Richardson Perry dec’d. in right of their said mother And
your petitioners further show unto your Honor that said
Richardson Perry at his death left his father Burrel Perry
and his mother Jane Perry his only heirs at law.. both of
whom have since departed this life, and that said Burell
Perry by his last will and testament which has been duly
probated in said county bequethed to his four daughters who
were also sisters of said Richardson all the lands belonging
to the estate of said Richardson, in equal portions, to wit
Rebecca Perry, Diena, then wife of George Gwynn, Dianna.
then wife of Mark W Dikes, and Mary, then wife of John
Fisher, and mother of your petitioners and that said Rebecca
has since departed this life ------? ----?, intestate and
left at her death the said Diena, Dianna, and Mary, her
sisters and heirs at law. and that since her death the said
Diena has departed this life leaving the following children
her heirs at law. to wit Mary Gwynn. George Gwynn and Anna
Gwynn and that the said Mary (or Polly) Fisher the mother
of your petitioners, has departed this life leaving them her
only heirs at law. your petitioners further show that George
Gwynn was duly appointed administrator upon the Estate of said
Richardson by your Hon. Court. and that said Gwynn having
no funds belonging to said estate, and the same consisting
of land certificates which were yet unobtained and
unlocated.. by the advise and consent of the other heirs..
contracted with J.J. Giddings to locate a part of the lands
of said estate and in consideration of his services in locating
a part of said lands conveyed to him 640 Acres of land and
also J. D. Giddings under a contract with said administrator
and the heirs of said decd. has located the remainder of the
lands belonging to said Estate, and owns one half of the head
right third of said decd. for locating and paying all expenses
& obtaining patents to the lands - And your petitioners further
show that are belonging to said Estate a tract of 1280 Acres
the Bounty land of said decd. also 640 Acres his donation and
his Head Right for one third of a league , the said 1280 & 640
are situated in Burnett County and the one third in Milam County-
a full description of which will be shown to the Court and the
hearing hereafs.- Your petitioners think the said Mark W Dikes
and Dianna Dikes, the said George Gwynn and the said heirs of
Diena Gwynn reside in the County of Gonzales. and that J J
Giddings resides in the County of Bexar. and J D Giddings in
the County of Washington. and they pray that they all be cited
to appear at the September term of said Court to answer this
petition & show cause if any why partition of said Estate should
not be made as the law directs. and they pray for such decree
as their case is just. and for such judgment as may seem just
&equitable. D. C. Giddings for Plffs
1857-1859 Power of Atty., etc. re. land conveyances by heirs
of Richardson and Burrell PERRY: [Fayette Co., TX, Dd.Rec.
Bk.N, pp.466-467, No.5920 (filed 24 Aug 1859)]: {13 Oct 1857,
Hancock Co., MS} Burrell P. PERRY & Orville PERRY in their
own right as well as Jeremiah HENLY, Sr. & James McGEEHEE in
the right of their wives, heirs of Richardson PERRY, give
Power of Atty. to John SPEARS (also in right of his wife)
of Hancock Co., MS, "to ask, receive, levy, recover and
demand all such lands as may be coming to Richardson PERRY
or his heirs..." [Burrell PERRY was principle heir of his
unmarried son, Richardson] /s/ Burrell PERRY, Nathaniel
PERRY, Jeremiah HENLEY, James McGEHEE, Orville PERRY,
Stephen JARRELL. wits: L.J.WINNINGHAM, J.W.WINNINGHAM ----
{13 Oct 1857, Hancock Co., MS} Burrell P. PERRY, Orville
PERRY, Jeremiah HENLEY Sr., and James McGEEHEE personally
appeared before Joseph W. WINNINGHAM, Probate Crt. Judge,
and acknowledged that they signed the above. -------
{11 Nov 1857, Newton Co., TX} Nathaniel PERRY, Orville
PERRY, and Stephen JERRELL personally appeared and
acknowledged that they signed the above.
[Fayette Co., TX, Dd.Rec.Bk.N, pp.463-464, No.5917
(filed 24 Aug 1859)]: {25 Jun 1859, Newton Co., TX}
For $2160, Nathaniel PERRY of Newton Co., TX, Atty. in Fact
of Burrell P. PERRY one of the heirs at law of Richardson
PERRY, and of Jeremiah HENDLEY, James McGEE, Stephen JARROLL,
and John SPEERS, heirs in right of their wives, by virtue of
a P/A executed to John SPIERS on 13 Oct 1857 and by substitute
attached on 11 Nov 1857 making Nathaniel PERRY the agent of
SPIERS, sold to James JOHNSTON (sic) of Robertson Co., TX,
all interest of the parties mentioned above in and to:
1. Said Estate of Richardson PERRY. 2. All interest of
Orville PERRY purchased by Nathaniel in 1858.
3. 1 League of land in Williamson Co., TX, granted to
Orville PERRY by the Mexican Govt.. 4. 1 League of land on
the Yequa in Burleson Co., TX, granted by the Mexican Govt..
5. 1 League of land on the Navasota in Brazos Co., TX,
granted to Richardson PERRY by the Mexican Govt..
6. A 1476 acre Headright, a 1280 BountyClaim, and a 640 acre
Donation Claim granted to Richardson PERRY by the Republic
of TX. 7. 1 League of land on the Navidad granted to Burrell
PERRY by the Mexican Govt.. Nathaniel acknowledged that he
signed the names of himself and those of Burrill PERRY, John
SPIERS, Jeremiah HENLEY, James McGEHEE, and Stephen JARRLL --
{12 Jul 1859, Williamson Co., TX, Land Register vol.L,
pp.590, 591} "Filed for second"
/s/ Levi PENNINGTON, Clk.C.C.W. County
1867 Indentures re. the Burrell PERRY League in Fayette Co., TX:
[Fayette Co., TX, Dd.Bk.T, p.133 (No.8451, filed 16 Feb 1867;
recorded 25 Mar 1867)]: {15 Feb 1867 (Colorado Co., TX)} -
For $75, G.R.GUINN signed an Indenture to sell and convey to
L.C.GRAVES all that part of land known as the Burrell PERRY
League situated on the headwaters of Navidad Creek in Fayette
Co., TX. "I, being one of the heirs claiming under Mrs. GUINN,
the wife of George W. GUINN, who was (sic) the daughter of
Burrell PERRY..." This Deed only acts as a Quit Claim Deed...
/s/ G.R.GUINN [George Rachel GUINN] NOTE: Diena is referred
to in the past tense.
[Fayette Co.,TX, Dd.Bk.S, p.362 (No.8568, filed 8 Apr 1867;
recorded 18 Apr 1867)]: {28 Feb 1867 (Williamson Co., TX)} -
For $325, James G. JONES and wife Martha A. JONES,
William F. REAVES and wife Mary J. REAVES [with her mark],
and W.W.GUINN, sign an Indenture to sell and convey to
L.C.GRAVES all their interest in a tract of land known as
the Burwell PERRY League, situated on the headwaters of
Navidad Creek in Fayette Co., TX. Their interest is
claimed "under our mother, Diena GUINN, the daughter of
Burrell PERRY,"... and warrant only as far as we and our
heirs are concerned this is to act as a Quit Claim Deed,
and no further. Wits: J.G.JONES
/s/ Martha A. JONES [Martha A. PERRY] Wm. WROCK(?)
J.G.JONES [James Green "Jim" JONES] W.W.GUINN
[William Wesley GUINN] Mary J. (X) REAVES [Mary Jane GUINN]
William F. REAVES {26 Feb 1867 (Williamson Co., TX)} -
J.G.JONES acknowledged to Levi PENNINGTON, Co. Clk., that
he executed and signed the above document, and also swore
that W.W.GUINN acknowledged to him that he executed and
signed the document and requested said J.G.JONES to sign
as witness. At the same time, Martha A. JONES appeared and
when privately examined separately acknowledged that she
understood and signed same. {5 Mar 1867 (Hays Co., TX)}-
William F. REAVES acknowledged that he signed the document.
At the same time, Mary J. REAVES appeared and, having the
same fully explained to her separate from her husband,
signed the same.
18 Dec 1877, McLennan Co., TX - 18 Dec 1877, McLennan Co.,
TX - Hood Co., TX, Deed Records Book B, pp.404
"Affidavit Proving Heirship" {State of Texas Co. of McLennan}
We, R.H. CLEVELAND & Elizabeth PIPKIN of the state and county
aforesaid, do solemnly swear that we were personally acquainted
with Burrell PERRY who died in Washington County Texas in 1840
leaving surviving him as Heirs legitimate children-in-law (viz):
Diena PERRY who married Geo. W. GUINN, Dianna PERRY who married
Mark W. DYKES, and Rebecca PERRY who died in 1842 and never
was married. He also had a Richardson PERRY who was killed at
the fall of the Alamo in Bexar County, Texas, in 1836 had never
been married and that Burrell PERRY's widow Jane PERRY died in
Gonzales County in 1851 also Diena PERRY wife of GEO W GUINN
died in Gonzales Co in 1851 and George W. GUINN died in Colorado
Co. in 1866. They, the said GEO W. GUINN and Diena GUINN his
wife had three legitimate children to die: Irena GUINN died in
Washington Co., TX, in 1845 not married, John GUINN died in
Gonzales Co. in 1852 not married, and Amanda Texana GUINN died
in Colorado Co. in 1866 not married--all of these having died
prior to their Father's death. The said Geo. W. GUINN & Diena
GUINN his wife left as legal heirs in law four surviving children
(viz): G.R. GUINN, Mary Jane GUINN now Mrs. REAVES, Martha Ann
GUINN now Mrs. JONES, and William Wesley GUINN all of whom are
now living. /s/ R.H.CLEVELAND & E.PIPKIN
Subscribed and Sworn to before me W.A.TAYLOR a Notary Public
in and for the County of McLennan State of Texas this 23rd day
of December AD 1876 In witness of all which I hereto sign my
name officially and affix my seal of office in Waco TX this
23rd day of December AD 1876 /s/ W.A. Taylor, Notary Public
Filed for Record July 3rd 1877….Recorded July 14th AD 1877
McLennan Co. TX [See also, Hood Co., TX, Dd. Rec. Bk. B,
pp.391-399] 14th AD 1877 Mclennan Co
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