Friday, September 13, 2019

Contract to Administer the Estate of Lucy Ann (Cook) Dunagan

Lucy Ann Cook, daughter of John Cook was born about 1805 in Chesterfield, South Carolina. She married John C. Dunagan on 15 November 1820 in Clarke County, Alabama.1


This marriage and the marriage of two other daughters to grandsons of Gilbert Purvis places John Cook and the Gilbert Purvis family in Clarke County Alabama at the same time.
Supporting data to these facts is a land deed form Hinds County Mississippi from Deed Book 9, page 531 and 532.

“…do hereby grant, bargain, sell, convey and confirm unto Elijah Cook, Abraham Cook, James Raney and his wife Polly Raney, John Dungan and his wife Lucy Dungan Thomas Copeland and his wife Anna Copeland, William Purvis and his wife Milly Purvis, and Joseph Purvis & Elizabeth his wife, John Cook & Matthew Rushings heirs being heirs of John Cook deceased their heirs…” 2



John and Lucy were married in November 1820 and later migrated with the Cooks and Purvis to Hinds County, Mississippi. In 1850, Lucy Dunagan, a widow, is in Limestone County, Texas with her children. 3 


There is no doubt that John Carter Dunagan died before 1850 but there are on-line trees with a specific death date (unsourced). I have not found a specific death date for John Carter Dunagan so I show him as deceased before 11 October 1850 (the date of the 1850 Limestone County US Census).  

Lucy Ann Cook Dunagan passed away about 1857. There is a “Contract” in the form of a Land Deed that names all the heirs-at-law and appoints Charles G. Dunagan as the Heirs-at-law agent to administer the Estate of John C. and Lucy Ann Cook Dunagan. 4 

Transcription:

Dunagan, Dunn et al Agreement
The State of Texas}    Know all men by these presents that
County of Freestone}  we George W. Dunagan,. Nancy Dunn, wife of James Dunn and daughter and heir of  (Lucy Dunagan, and John C. Dunagan deceased.) Charles G. Dunagan, William J. McDonnald as the natural Guardian of Lucy Charlotte McDonald and Sarah Jane McDonald, minors of the Said William J. McDonald and heirs at Law of the estate of said John C. Dunagan and Lucy Dunagan, deceased. John C. Dunagan, Cynthia C. Stubbs, wife of Peter L. Stubbs, Alfred J. Dunagan and Mary Jane Lamb wife of Samuel Lamb, all heirs at Law of said John C. Dunagan and Lucy Dunagan deceased, do each of us respectively make the following agreement and agree that the same shall be final as to our interest respectively in the estate of the said deceased. First, we agree that Charles G. Dunagan shall Settle the estate of said deceased among the said heirs and divide the same equally among the said heirs, and that said Charles G. Dunagan make settlement of the same on the first day of January A. D. 1859 among said heirs and we the said heirs aforesaid do hereby nominate constitute and appoint the said Charles G. Dunagan of Said County our true and lawful Attorney for us respectively and separately in our own name to do and perform the said settlement in the best manner he may think proper hereby ratifying and confirming whatsoever our said attorney may do in the premises aforesaid in the Settlement of Said Estate, as fully and as completely as if there had been a regular administration of said Estate in the Probate Court of said County.
In testimony whereof we hereto sign our names and scrolls for seals the 28th day of September A. D. 1877.
                                                            George W. Dunagan {Seal}
                                                            John Dunn {Seal}
                                                            Nancy Dunn {Seal}
                                                            C. G. Dunagan {Seal}
                                                            Wm. J. McDonald {Seal}
                                                            P. L. Stubbs {Seal}
                                                            Cynthia C. Stubbs {Seal}
J. Dunagan {Seal}
Samuel Lamb {Seal}
Mary Jane Lamb {Seal}
J. C. Dunagan {Seal}
The State of Texas}    Before me E. L. Cralle Clerk of the County
County of Freestone}  Court of said County, personally appeared George W. Dunagan, James Dunn and his wife Nancy Dunn, C. G. Dunagan, Wm. J. McDonald, P. L. Stubbs, and his wife Cintha C. Stubbs, A. J. Dunagan, Samuel Lamb, and his wife Mary Jane Lamb and J. C. Dunagan, parties to the foregoing agreement, and to me personally known and Severally Signed sealed and delivers the said agreement for the purposes & considerations therein expressed and the said Nancy Dunn, Cintha C. Stubbs and Mary Jane Lamb, having been examined by me privily [privately] and apart from their Said husband, and having the said agreement read and fully explained to them they the said Nancy Dunn, Cintha C. Stubbs, & Mary Jane Lamb willingly and voluntarily Signed, Sealed and delivered the Said Contract for the purposes & considerations therein expressed and declared that they wished not to retract it  In testimony whereof I hereunto set my hand and affix the seal of said County Court, on this 3rd day of February 1858-
E. L. Cralle  Clerk
I hereby certify that the above and foregoing agreement was filed in my office for record at 9 (Missing rest of statement.).
Register of Deeds
Freestone County, Texas
Deed Book "G", Pages 16 & 17

This document dated 3 February 1858 indicates the contract was entered into on this date and provides indirect evidence that Lucy Ann (Cook) Dunagan died before 3rd day of February 1858.

The data is inconclusive on the death of both John Carter and Lucy Ann (Cook) Dunagan. But, we know that John died before the 1850 census was taken and that Lucy Ann (Cook) Dunagan died before the above contract was signed and dated.




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[1] "Alabama Marriages, 1816-1942," database, Ancestry (http://www.ancestry.com : viewed 3 June 2018), Marriage: John Carter Dunagan and Lucy Ann Cook; Marriage Date: 15 Nov 1820.
[2] Mississippi, Deed Book 9: pages 531-532, HEIRS of JOHN COOK; Chancery Clerk, (Raymond, Hinds County, Mississippi; accessed 2011).
[3] 1850 U. S. Census, Limestone County, Texas, population schedule, Precinct 2, Limestone County, Texas, Page: 361A (stamped); Line 2, Dwelling 80, Family 80, Household of Lucy DUNNAGIN; digital images, Ancestry.com (http://www.ancestry.com : viewed 12 October 2014); citing National Archives Microfilm M432_912.
[4] Texas, Deed Book: Deed Book "G", pages 16 and 17, Dunagan, Dunn et al Agreement; Register of Deeds, Freestone County, Texas.



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