McFarland-Russell Letter, August 29, 1880

Blackwood Texas Aug 29th 1880 Mr R E Russell Dear Sir

Your Aug 2nd received some time since at that time I did not know how your ap with Pa stood. and I had a great deal of work to do in the business of the estate. and a good many letters to write. and carrying my affairs on too. I havent had half time enough to do what I had to do

I have just finished up the estate for a few weeks. so as to have a few weeks study work for myself. but I feel very much like I was going to have fever today. the health is not as good up here as it has been for the last 2 months. it is just now drying off so timber men can do some work hauling timber. the stock cattle was valued at 6.00 per head your cattle is about average with them. Stock cattle has been selling at 6.00 per head this year. I havent found any one that wishes to buy your stock at the figures you set. I havent had a bid on them yet at any price---

the old Bull. Pa sold him to Ruben Jones a few days afer you returned home. Your Bull some one casterated him early in the spring the estate will all be sold. all the property that Pa owned before his & Mas marriage and all that he has got since Ma's death is his individual property. All that was made during the married life. after they were married and before Mas death was community. at Mas death her half went to her heirs the other half was Pas, but at that time there should have been an inventory of all the community property filed with the Co Clerk as it was not done. the heirs may loose their interest. they will if it is contested by any creditor of the estate. You spoke of turning your claim into Sheep. you will not be allowed to do that. you will have to hold your claim until the estate is wound up. then what ever the estate will pay on the dollar you will receive. in regard to Kates sheep in the transfer from Pa to me and Sam, he kept out for himself one

tenth of the flock. we surposed at that time it was 20 head. at this time his interest in the sheep is 28 head. I never heard him say any thing about Kates having an interest in the sheep. in this matter I would not have the right to do anything to establish your right. you would have to bring sufficient proof before the court to satisfy them, and upon complaint of any credidtor or heir, it would cost a law suit, and they would be apt to plead peaceable possession for so long a time, and paying taxes on them: limitation would run against you; the community property is all in a shape that it could not be divided, with the heirs and creditor. it will all have to be sold and divide the money. I have made application for an order to sell the horses Cattle oxen hogs & sheep provided there is no objection filed by any party interested. I will get an order to sell, the order will be issued the third monday in Sep some of the stock is very exspencive, and some is needing attention the sooner it is sold the better it is for the estate

I cant find and [any] Bills from you to Pa to give the amount on goods sent. and no ap has been kept. there was a great deal of goods that did not sell for near that you had them marked at. I dont know yours and Pas agreement whether Pa was to pay you the way the goods were marked, or pay you what he sold them for. There is a big difference in the two ways. There is no way that I can come at this but you know your agreement and the goods you sent. You can take your ap out and make out your claim in writing against Pa according to yours & Pas agreement. Your ap on Pas books is $278.10 the Law requires you or any one holding claims against the estate to go before some officer authorized to administer oathes; and swear to your claim before the administrator can allow the claim. any thing that I can do to assist you in making out your claim I will do it, but I think the above is all the benefit that can be to you in making it out