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Lot #366
William Barret Travis and David G. Burnet

Before the viability of Texas independence, Travis and Burnet tend to the estate of one of Austin’s old 300

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Description

Before the viability of Texas independence, Travis and Burnet tend to the estate of one of Austin’s old 300

Collection of three related documents, all three signed “W. B. Travis,” including an ADS by Travis, all dated December 22, 1834, regarding power of attorney and the estate of Ezekial Thomas.

ADS, signed “W. B. Travis,” (signed while Secretary of the Ayuntamiento for the newly installed Judge of the Department of the Brazos, David G. Burnet), two pages on adjoining sheets, 8 x 13. Two depositions written out by Travis, signing one as a witness. First deposition reads, “To all to whom these presents shall come. Be it known that the citizen Joseph T. Callihan having given bond & taken the oath prescribed by Law, I, David J. Burnet Judge of the 1st instance of the jurisdiction of Austin, have appointed & by this instrument do appoint the said Joseph T. Callihan curator to the succession of Ezekial Thomas deceased, hereby resting in said Joseph T. Callihan all the powers, rights, and privileges legally appertaining to said trust. This I the said Judge have decreed.” This deposition is signed at the conclusion “David G. Burnet,” and witnessed by Travis, “W. B. Travis.” Deposition on the second page is written by Travis, but not signed. Deposition reads, “Be it known, that the citizen Joseph T. Callihan having given bond & taken the oath prescribed by same, I David G. Burnet Judge of the 1st instance of the Jurisdiction of Austin have appointed & by these presents do appoint said Joseph T. Callihan Tutor to the persons & property of Fanny Thomas, Mary Thomas, Jane Thomas, William Thomas, Samuel Thomas, & Lindsey Thomas, minor heirs of Ezekial Thomas deceased hereby vesting in said Callihan all the powers rights, & privileges legally appertaining to said trust. Thus I the said Judge have decreed; & I sign the same.” Signed at the conclusion by Burnet and signed by witnesses, “Geo. Huff,” and “L. L. Martin.” This document is accompanied by a 1992 certification letter by noted autograph expert Charles Hamilton and housed in a custom-made clamshell box.

Manuscript DS, signed “W. B. Travis,” two pages on two adjoining sheets, 8 x 13. First page bears a petition signed by Callihan stating, in part: “On the 16th day of November 1834, Ezekial Thomas, late a resident of this jurisdiction died…leaving a small amount of property consisting of land, stock & c & leaving for his Heirs his several children all of whom are under the age of puberty & without any formal guardians…it becomes necessary that a Curator should be appointed.” Second page bears two endorsements, both signed by Burnet, with Travis signing as a witness to the first endorsement, which appoints Callihan the Curator of Thomas’s estate.

Manuscript DS, signed at the conclusion, “W. B. Travis,” one page, both sides, 8 x 13. Document acknowledges the succession of Ezekial Thomas, and reads, in part: “Appeared the citizen Joseph T. Callihan, as principal, and John W. Moore as surety…that they acknowledge…to be held firmly bound…in the sum of one thousand dollars for the payment of which well & truly to be made, they bind themselves…to the succession of Ezekial Thomas…shall well & faithfully discharge the duties of said several trusts and that he will make faithful & correct settlements of his said Administration & guardianship.” Signed at the conclusion by Travis, as well as David G. Burnet, John Moore, and George Huff.

In very good overall condition, with the Travis ADS rating almost fine, with some scattered toning and foxing, heavier to one page. The accompanying documents exhibit scattered toning, soiling, ink erosion, and foxing, with some paper loss to edges, as well as a few small repairs.

Travis became a key player in the long drive toward independence through his involvement in the Anahuac disturbances of 1832 and 1835. These violent events gave physical expression to Texans’ increasing discontent with federal rule. These documents date to the inter-Anahuac period in which Travis, a 25-year-old relative newcomer to the Texas legal scene, was deepening his relationships with key future figures such as Austin judge David Burnet. Both men were advocates of the so-called “Austin ticket” for an upcoming consultation in which the notion of Texas independence was discussed in earnest.

This scarce document is a valuable window into Travis’ career between the Anahuac disturbances, and Burnet’s involvement, as a future president of Texas, foreshadowing their mutual embrace of an independent Texas republic. The Robert Davis Collection. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.

Auction Info

  • Auction Title:
  • Dates: #387 - Ended May 16, 2012





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