Stephen F Austin to Thomas Barnett, 07-06-1830

Summary: Order of court authorizing Austin to make a certain disposition of land belonging to his brother's estate,

Department of Bexar

Jurisdiction of Austin

To the Citizen Thomas Barnett constitutional Alcalde of the jurisdiction of Austin.

The petition of Stephen F Austin a Citizen of the Jurisdiction aforesaid, With respect represents that James E. B. Austin late of the Jurisdiction aforesaid died some time since leaving his surviving widow and an infant male Child now aged about nineteen months. That at the time of the death of the said James, he held in his name an undivided fourth part in a league of land granted by the Mexican Government to Elias R. Wightman, lying at the mouth of the Colorado River and being the same part of which has been laid off by Elias R. Wightman, and persons interested into squares and lots with a view of fixing upon this same as a town site, Your petitioner further represents that the fourth part of the said League which is in the name of the said James E. B. Austin is really the property of your petitioner which he will make appear as soon as circumstances will permit and that the other three fourths are owned in unequal portions by H H League, Ira Ingram and the said Elias R. Wightman. The said League of land lying immediately at the mouth of the Colorado River and partly on the Bay of Matagorda, is thought to be an eligible situation upon which to fix a town site.

That the persons now interested in the said league of land wish to associate themselves together for the purpose of laying off a town on said league by which it will be rendered more valuable and more immediately productive.

That in order to effect this and enable him to act, he should be vested with power and authority to act and bind himself in his representative capacity (so long as he acts in that capacity) as administrator of the said James E. B. Austin deceased to do and perform all and every act, Jointly with the other persons interested in the said league or with such others as may hereafter become legally interested therein with power and authority to sell lease or otherwise bind the said land or make donations thereof. Jointly with the said other persons interested, and your petitioner prays such other and further relief in the premises, as from Equity, justice and law he may be entitled to and as in duty etc.

(Signed) S. F. Austin.

Austin 6th July 1830

Department of Bexar

Jurisdiction of Austin

Having read and maturely considered the facts stated in the foregoing petition and the evidence advanced in support thereof it is by reason thereof and of the law, and it having been made clearly to appear to my satisfaction that the land mentioned in the foregoing petition when laid off in part or in whole, into town lots will greatly increase the value thereof and will besides render it more immediately productive. It is therefore ordered, adjudged, and decreed that Stephen F Austin administrator of the estate of James E B Austin deceased be authorized and empowered and he is hereby authorized and empowered to form and connect himself into an association with the present owners of the league of land refered to in Plff. petition or with any other persons who may hereafter acquire an interest therein necessary to carry views of the said association into full and compleat effect having for object the establishment of a town on the said league of land—and in order to vest the said Stephen F Austin with full and compleat powers to do whatever may be necessary to the completion of the object set forth in the foregoing petition. It is further ordered adjudged and decreed that the said Stephen F Austin is hereby clothed with authority to sell transfer, lease, give or grant Jointly with the persons interested or who may hereafter become interested in the said league of land, any part or portion thereof, and it is further ordered and decreed that in order to effect the said object, and with a view to give regularity and permananey to said association of present and future owners, the said Stephen F Austin is hereby authorized and empowered to sign a constitution or charter for the government of the said association to make, agree to and consent to any rules or by-laws entered into by the said association of the present or future owners of the said league of land which may be deemed necessary for their government. Signed with assisting witnesses as the law requires at my offce in the town of San Felipe de Austin this seventh day of July in the year of Our Lord, 1830,

(Signed) Thos. Barnett assisting witness L. Lesassier Assisting witness Samuel M. Williams,

the words on first page "them" erased on second page the words "more valuable and" inserted, the third page the word "said" erased.

I hereby Certify that I have carefully compared the foregoing copy with the original petition and decree in my possession and declare it to be an exact Copy of the original document.

Houston May 31, 1837

I. R. Lewis [Rubric]