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County of Brazoria
To the Hrnble the Court of Probate of said County
The Petition of Joseph H. Polley and Mary
his Wife and David H. Milburn and Elizabeth his
Wife, represents that James B. Bailey departed this life
in said County on the 6 day of Dec 1832 leaving
three legitimate Children Viz ~ Smith Bailey and
your Petitioners Mary and Elizabeth that shortly after
the death of said James B. Bailey, a paper purporting to
be his last Will and Testament, was produced in
court and admitted to Record; that by the said
Will they are entirely disinherited, without any Cause
being Known or alledged. That by the said Will
several bequests are made to Nancy Bailey, who is re-
presented to be the Wife of said James B. Bailey,
and to Sarah and Margaret Bailey, who are repre-
sented to be the children of said James all of whom
have since departed this life intestate and without
heirs other than your Petitioners and the said Smith
Bailey. That a legacy is also made to Nancy Bailey also
the wife of Jacob Thomas of said County and a lega-
cy is also made to Smith Bailey, who has since depart-
ed this life leaving an only child name Lucinda
and the Testator of the Will aforesaid gives the
Balance of his Estate to his said wife Nancy and his
children, to be equally divided Between them.
The Petitioners alledge that the Will aforesaid
is informal and invalid, and that all the proceedings
in relation to the Proof and admitting it to record
were irregular and Contrary to law; and as the
Petitioners
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Petitioners are entirely disinherited thereby they pray
that the same may be set aside, and decreed to be
null and void. They pray that Jacob Thomas and
Nancy his wife and Gerrin Hinds, guardian for the
Minor Lucinda Bailey as well as all other persons
concerned may be Cited to appear before said Court
at the next Time regular term thereof and answer
this Petition, and that such relief be rendered as the
notice of their Care may require ~ Petitioners pray
for justice
( attorney’s initials )
Petitioners
And the defendant Gerrin Hinds
guardian for Lucinda Bailey for
answer to the plaintiff’s petition
say that more than five years
have elapsed since the probate
of said will and the institution
of this suit. For further plea
he denies that the plaintiffs
Mary Polley and Elizabeth Milburn
are the legitimate children
of said James B. Bailey
For further plea he alleges
that the said will was duly
made and admitted to
record. He therefore prays
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that the plaintiff’s petition be
dismissed with costs and
that the said Joseph H. Polley
be required to settle his account
as administrator of the estate
of said James B. Bailey and
that a partition be made
of the property of said estate
between those entitled to it.
June 1838 ~ Gerrin Prays
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