| 4. | Loran H. HIBBARD was born on 19 Dec 1827 in Bennington, New York (son of Elmer (or Elmore) Darbe HIBBARD and Lydia (or Lidia) LYMAN); died on 11 Nov 1911 in Fort Bend (Brazoria) Texas. Other Events and Attributes:
- Occupation: carpenter and covered wagon driver
Notes:
Loran H. "Judge" Hibbard was born December 19, 1827. The spelling of Loran's name varies. In May 1888 Loran wrote a letter and clearly signed his name "Loran Hibbard" [this is the signature in the photo], but there are other references to him with different spellings (Lorin, Loron Loren Lauren, Lorain, Lorain, Lorene, L., Hibbard and Hibberd).
Mary Hibbard-Shelton, Loran's granddaughter, the daughter of his son, George Andrew Hibbard, said that Loran was born in Ireland. Other sources indicate that he was born in New York. It may be that he was born in Ireland and moved to New York when he was very young.
During a move to Texas from Cincinnati, Ohio in 1836 along with his parents Elmer and Lydia and his brothers and sisters, Elmer and Lydia stopped in New Orleans on account of the invasion of Texas by Santa Anna. They arrived at the mouth of the Brazos River in Brazoria County, Texas in February, 1837 after the war was over.
His brothers Lovell Hibbard and Lucius Hibbard were Sam Houston's musicians during the Mexican War and played the General's favorite march, "Come To The Bower", by which the Texans marched away from their camp to meet the Mexican invaders and won the Battle of San Jacinto.
Loran was described as being 6' tall and was a professional carpenter by trade. He also drove a covered freight wagon, making enough money by this employment to buy 20 acres of land from a man named Huffman. He cultivated the land and helped make a living for his mother and deeded the land to her. He later bought more land and raised stock. In 1858 he bought 20 acres of land in Ft. Bend County, Texas for $20.00 from Liddia (Lydia) Hibbard, formerly sold to her by John Jameson, and originally granted to F.P. Hoffman. At age 75, he still lived and worked on his farm acquired by he and his mother some sixty years earlier. He applied for (and it is assumed that he received) a soldier's pension at age 81.
In March of 1861, Loran enlisted as a Texas State Trooper at Brazoria, Texas under the command of Captain W.G. Moseley in a regiment known as the Brazoria Volunteers, Rio Grande Regiment. The majority of the men in the regiment were from Brazoria. The regiment was formed to take part in a military expedition known as the Rio Grande Valley Expedition commanded by Colonel John S. "Rip" Ford in February and March of 1861.
After the Rio Grande Valley Expedition, the men were discharged. Captain Moseley was able to persuade most of his men to re-enlist as Confederate soldiers in the 13th Texas Infantry. The 13th was assigned to guard the Port Of Velasco on the south Texas coast. After the Union Army had captured Galveston, other battles were fought and this unit was present at the recapture of Galveston.
In September of 1861, Colonel Joseph Bates was given command of the Fourth Texas Volunteers Regiment. The Regiment consisted of two field batteries under the command of Captain W.G. Moseley and Captain W.E.Gibson. The command extended from San Luis Pass to Caney Creek.
Civil War action for Colonel Joseph Bates and his men began January 18,1861. Union ships Rachel, Seaman, Midnight, and the Aurther moved near to, and began a bombardment of the Texas Volunteer's headquarters at Velasco which lasted for approximately thirty minutes. Return artillery fire by the Texas Volunteers was so rapid and accurate that the Union Commander of the Midnight reported that the Velasco headquarters was defended by a battery of heavy guns of which one or more had to have been rifled as the Texas guns had near misses of 20 and 6 yards respectively. Actually, the Texans had only one 18 pound (medium artillery) gun.
At sometime during the war between the states, Loran was transferred to Company "C" of the 25th Texas Calvary, under the command of Colonel C.C. Gillespie's Regiment, Confederate State's Army under the command of Captain H.H. Good's Troop. The primary duty of this Calvary Troop was to respond to attempts of Yankee Army invasions into Texas. During this time in 1864 Loron's young son (also named Loron after his father) was born. Loran was honorably discharged from the Confederate States Army in Columbia, Texas on May 23, 1865.
After the Civil War, Loran lived near Houston, Texas. It was said that when carpetbaggers came through, Loran sat on the trunk containing land deeds , but that they were stolen by the carpetbaggers. It has also been said that when Loran died, one of his boys sat on top of a trunk and guarded his gold.
On June 8, 1885 Loran and T.J. Packer sold two acres of land to Loran's son, Lorenza Dowden Hibbard, A.J. Adams and P. Coalson, as trustees with the stipulation that they could have the land as long as they built a house on the land for church and school purposes as part of the bargain. If the church and school was not erected within a reasonable length of time or if erected and then by neglect or non-use resulted in decay of the building and vacated and abandoned, then the land and title would revert back to the grantors, Loran and T.J. Packer.
Loron was talented with his hands and was a carpenter by trade. At age 75 (abt 1902) he still lived and worked on his farm acquired by he and his mother some sixty years earlier. Loron applied for (and it is assumed he received) a soldier's pension at age 81.
The local people called him "Judge". He owned another parcel of land called "Blue Ridge" that later became an oilfield. A pot of gold is buried somewhere in that field. Loran wanted each child to have a cup of gold to build a house. When Loran died, George Andrew and his son Levi went to the house where Loran had lived to divide the inheritance. However, when they arrived, one of the son's of his second wife sat on the trunk that held all the gold and deeds with a gun across his lap and dared anyone to take possession of the trunk. George and his son never returned to the house.
December 10, 1902, Loran wrote a will witnessed by Geo. B. Lang and F.J.Cole: Know all men by These Presents:
That I, L. Hibbard, a resident and citizen of the State of Texas, Fort Bend County, do hereby make and constitute this my last Will and Testament hereby revoking all former Wills whatsoever date. It is my will and desire that all my just and legal obligations shall befully discharged.
I hereby bequeath to each and every [one] of my children named, as follows, to wit: John Hibbard, Jane Hibbard, Levi Hibbard, Andrew Hibbard and Polly Hibbard one head of cattle and an equal interest together in a certain 40 acre tract of land now owned by me in Leon County, Texas. It is my desire that in the division of the land the persons named shall share and share alike equally.
I hereby bequeath unto each and every one of my children named as follows, to wit: Minnie Hibbard, Lorenza Hibbard, Willie Hibbard, Alber Hibbard and Ada Hibbard to be equally divided between them to share and share alike, the following described tract of land being all my holding in the Neel Survey lying on the west side of Stafford's run in Fort Bend County, Texas, being about 60 acres of land more or less.
I hereby bequeath to my children named as followings, to wit: Emma Hibbard, Lorenzo E. (Sam) Hibbard and Dora Hibbard to be equally divided between them to share and share alike all my real estate holdings same being certain tracts of land lying and situated in Fort Bend County,Texas near Stafford's Point in said County, on the east side of Stafford's run herein before mentioned.
I hereby bequeath unto my children named in Article 3 & 4 of this instrument all the residue of my live stock whatever nature after the bequests enumerated in Article 2 of this instrument are fully fulfilled, to be shared equally between them to share and share alike.
I hereby appoint and constitute my son, Lorenza E. Hibbard as my Executor of this my Last Will and Testament to serve without bond or compensation. In Testimony Whereof I have this day, being of sound mind and sound body, cognizant of the uncertainty of life and the certainty of death, signed my name and affixed my seal at Rosenberg, Texas, in the presence of Geo.B.Lang and F.J. Cole, this 10th day of December A.D. 1902.
Signed: L. Hibbard
On August 4, 1904 he and his brother Levi sold two tracts of land in Leon County, Texas to T.D. Hennessy. One tract was 1/3rd of a league known and designated as The Lucius Hibbard Survey, patented October 8, 1845 and the other was 320 acres known as The Lovell E. Hibbard Survey, patented August 1, 1849.
Loran applied for his military pension for service on November 27, 1909 in Ft. Bend County, Texas. He stated that he was discharged at Columbiain Brazoria County, Texas at the close of the war in 1861. He died November 11, 1911 at his residence in Stafford, Ft. Bend County, Texas at the age of 83.
Probate Court records indicate that on July 16, 1913, almost 3 years after his death, that Loran's fourth wife, Mildred Frances (Johnson) Hibbard, a resident of Harris County, Texas filed an Application for Letters of Administration on the Estate of Loron (Loran) Hibbard and stated that real and personal property of $1,000 should be granted to her since she was the surviving wife and was entitled to have a homestead set apart to her and, in addition, that she was also the creditor of Loron (Loran) Hibbard. The document also stated that she was not disqualified by law to act as the administrator of Loran's estate and was entitled to be appointed.
Notices were posted for 10 days at three public places in the county, including the Court House door, that Mildred F. Hibbard had filed an Application for Letters of Administration on the Estate of Loron (Loran) Hibbard which would be heard at the next term of the County Court in Richmond, Texas on July 28, 1913 and that those persons interested in the Estate may appear and contest the application. On August 9, 1913, since the Court had jurisdiction of the Estate, the court documents stated that there was a need for administration upon the Estate, and since the application for letters had been made before four years had elapsed, that Mildred was entitled to letters and was not disqualified. Mildred had a lien on about 3 acres of land in Stafford, Texas, formerly the homestead from the H.P. Hoffman Survey valued at $225.00, 7 acres in the H.P.Hoffman Survey valued at $455.00 and 35 acres in the Wm. T. Neal 1/4 League valued at $1,400.00. In addition there was personal property, a mule worth $15.00 and $291.00 cash in the J.H.P. Davis Bank. This was confirmed on August 28, 1913 by W.B. Cochranand E.L. Tomlinson who were appointed by the court to appraise the estate.
Mildred, administrator of the estate, applied for a Petition of Widow & Appraisement in the County Court of Fort Bend, Texas on October 3, 1913 and stated that she was the surviving widow of Loran Hibbard, was unmarried, in an almost helpless condition without property or means of subsistence, wholly dependent upon the charity of friends for a living and that she had been in such condition since the death of her husband. It was stated that Mildred was very old and feeble, in need of medical attention and that $1,000.00 of the estate's probable value of $2,400.00 would be a reasonable sum to be set aside for her for a year's support.
On May 4, 1914, Loran's son, J.E. Hibbard applied to the court to be appointed administrator of the estate, stating that when Loran died, he left a will which had been filed for probate, but could not be proven on account of the failure to locate the subscribing witnesses. In addition, there were debts that should be paid by the estate, that the will filed for probate was being contested even if it could be proved and that since the land was tillable and would bring in revenue each year if rented or leased. He said that the land was idle and would likely continue to remain idle and non-productive of revenues, that the fences and premises around the homestead needed repair and that it needed to be kept from going to waste. He said that taxes were due and unpaid and no one had the authority to care for and manage the estate and keep it from waste and loss. He also stated that as an heir of the estate, had the part of the estate consisting of his own part and had the part belonging to another son of Loran and heir to his estate, Lorenza E. Hibbard.
W.B. Cochran filed a petition with respect to it being filed less than four years after the death of Loran, that Loran had left a Last Will and Testament December 10, 1902, witnessed by George B. Lang and Fred J. Cole which had been filed and was in the custody of the Court Clerk. He said that by the terms of the will that Lorenza E. Hibbard should be executor and having acquired the interest of Dora Hibbard, one of the heirs of the will, that legal notice of the filing of the application be given, that the will be admitted to probate and declared to be the Last Will and Testament of Loran Hibbard and that no administration on the estate begranted.
The proper public notices were made and on June 10, 1914 Fort Bend County Judge W.I. McFarlane ruled that it would be to the best interests of the estate that someone with authority should take actual possession and control of all the property, whether real or personal, that the real estate should be rented or leased, that the personal property be collected and cared for and that the rents should be collected and taxes paid along with all debts due the estate. He further ruled that the interest of the estate required the immediate appointment of an Administrator and appointed Em. R. Robinson temporary Administrator of the estate with full authority and power to take possession of all the property belonging to the estate for the remainder of the year 1914 and to collect rents, receive payment of all monies due and to pay the taxes due.
The judge also ruled that Mildred F. Hibbard, surviving wife of Loran Hibbard, because of her age and condition and being unable to work and earn a livelihood, who was dependent upon the charities of friends, be granted $15.00 per month for her temporary support out of monies coming into the possession belonging to the estate. Robinson was also appointed to make and keep up repair of the fences and premises sufficient to protect the crops planted and cultivated on the land. For his services he was granted $500.00.
On September 1, 1914, J.E. Hibbard, Alma Hibbard and her husband Harry Fuller filed an objection to the application of W.B. Cochran to probate the will stating that it was unlawful and did not contain facts showing that the proponent, W.B. Cochran was a person who was entitled to share in the estate as a husband, wife, legatee, next of kin or heir. It appeared that he was a mere creditor of Dora Hibbard, one of the legatees of the estate, and not entitled to probate the Will and Testament that he was holding. It was further noted that Loran was married to four different wives during his lifetime and that they were the children of his second wife and entitled to the community interest of their mother in the property owned by their father, Loran Hibbard. They said that no accounting had ever been made of the property and that their interest was never delivered to them, but that their father continued to use and enjoy the property, investing and re-investing without accounting for transactions until he married his third wife, Dora Hibbard's mother.
Another daughter of Loran Hibbard, Ada Hibbard-Packer-Rice and her husband J.D. Rice filed a petition stating that Ada, a legatee of the will offered to the court for probate by W.B. Cochran, was entitled to her share, which was 1/5th of a portion of a 60 acre tract of land lying west of Stafford Run and a part of the Neel Survey near the town of Stafford in Fort Bend County, Texas and also 1/8th portion of the cattle on that land. They joined W.B. Cochran in his petition and ask for the probate of Loran's will. Andrew Hibbard and Jane Hibbard-Deas (Dees) made known to the court that they were the children of Loran by his first marriage and that it would be very unjust and injurious to probate the will. They said that the will purported to have been made in 1902 and by its various provisions shows that the intent of their father was to divide his property equally, share and share alike. They said that their father was very old when he died, in 1912 was eighty-five years old and that he was an ignorant and unlearned man who did not know and had no idea what their statute required in order to cancel a will.
From his declaration in the will, his desire to divide his property equally is shown, but not knowing the necessity of destroying the will he in his lifetime transferred property intended for these heirs. To admit the will to probate would eliminate the children of the first wife out of their share in their father's estate. They said their father had three sets of children by three different wives and that they were the children of his first wife, and to probate the will and cut them out of any share in the estate would be doing just what their father tried to avoid.
At another court session September 9, 1914 on the application of W.B. Cochran to have the will admitted to probate, it was stated that the correct name was L. or Loren Hibbard, but that the will was signed, L. Hibberd. The will was admitted to probate and declared the Last Will and Testament of L. Hibbard. Lorenza E. Hibbard was appointed Executor of the estate. J.E.Hibbard, Alma Hibbard-Fuller and her husband Harry Fuller, Sam Hibbard and George Hibbard gave notice of appeal. One of Loran's sons, John Elmer Hibbard objected to the court granting the application of Mildred F. Hibbard for an allowance in lieu of a homestead, or any allowance whatever. He said because long prior to the death of Loran and shortly after their marriage that she abandoned him in his old age, neglected him and refused to live with him without cause or provocation and therefore forfeited her rights to the allowance. He also stated that there were no funds available to pay the allowance and that she had separate property adequate for her support.
It was ordered on December 8, 1914 that after hearing the evidence and argument, Mildred F. Hibbard's application for allowance was granted for the sum of $400.00 for one year to be paid out of the estate of Loran Hibbard and Lorenza E. Hibbard, executor of the estate.
Loran married Mary Ann "Mollie" FIKE on 6 May 1852 in Harris County, Texas. Mary (daughter of Nathaniel FIKE and Elizabeth (UNKNOWN)) was born in 1827 in Tennessee. [Group Sheet] [Family Chart]
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