The Munsons of Texas — an American Saga



Appendix III

PETITION BY MORDELLA MUNSON TO THE PROBATE COURT OF BRAZORIA COUNTY (MARCH 27, 1848)

  1. Text of petition by Mordella S. Munson to the Probate Court of Brazoria County, March 27, 1848 (as transcribed by Erma Munson Rich):

  2. State of Texas
    County of Brazoria
         To the Hon. Probate Court for said County.
         The petition of Mordella S. Munson of said County respectfully requests [-----]. Henry W. Munson [-----] departed this life in this State sometime in the year 1833, intestate, possessed of considerable property and leaving a widow, Ann B., who has since intermarried with James P. Caldwell, and four children, viz. William B., George and Gerrard and your petitioner. That the said Ann B. intermarried with James P. Caldwell in the year 1835. That she is the mother of your petitioner and of the other children of said H. W. Munson. That the said William B. departed this life in said County in the month of March of the present year intestate and without issue, possessed of some property, real and personal - and [-----] your petitioner with the said Gerrard and George, together with Milam and Mary Jane, children of said James P. & Ann B. Caldwell. That the said Gerrard and George are minors and [that] James P. Caldwell [-----] duly [-----] their guardian - [-----] Milam and Mary Jane are also minors. That the estate of said Henry W. and Ann B. Munson have never been divided.
         Wherefore the petitioner prays that the said James P. Caldwell and wife and said Gerrard and George by their guardian as well as the said Milam and Mary Jane be cited to answer this petition - that commissioners be appointed to make partition of said estate and of the other property held by the said parties. Other guardians be appointed to defend the interests of said minors in this suit and for [-----].
         March 27, 1848                     M. S. Munson by his atty.


  3. Text of replies to the above petition (as transcribed by Erma Munson Rich):

  4. State of Texas
    County of Brazoria
         The answer of Ann B. Caldwell assisted by James P. Caldwell, her husband, to the foregoing petition. She admits the truth of the allegations in the [petition] and says that the [property] of which her husband died possessed of, with the exception of the separate property named in the inventory, was community property of which she was entitled to one-half. She joins in the prayer for the partition of said estate.
         March 28, 1948                    Jas. P. Caldwell -by atty

         James P. Caldwell - adm for Gerrard & George Munson admits the truth of the allegations in the petition and joins in the prayer for said partition.
         March 28, 1848                    J. P. Caldwell by his atty
         Henry B. Andrews - Guardian as litera - Gerrard and George Munson, Milam and Mary Jane Caldwell admits the truth of the allegations in the petition and joins in the prayer for said partition.
         April 1, 1848                        Henry B Andrews Guardian