Duval County Court Minutes (Probate matters)

1887-1894

Volume B

Page 4

Index of names

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Notice in Probate

The State of Texas
      To the sheriff or any Constable of Duval County, Greeting,
      You are hereby commanded to cause to be posted in three of the most public places in your County, one of which shall be at the Court House door, and no two in the same city, town or village, copies of the following notice:

The State of Texas
      To all persons interested in the Estate of the minors Dolores Garcia, Rafaela Garcia, Ubaldo Garcia, Elvira Garcia, Francisca Garcia and Rafael Garcia, Carmen Treviņo de Garcia has filed in the County Court of Duval County an application for letters of Guardianship of the persons and Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia, minors which will be heard on the first Monday in December 1887, being the seventh day of said month at the Court House thereof, in the town of San Diego, at which time all persons interested in said Estate may appear and contest said application if they seem proper.
      Herein fail not, under penalty of the law and of this writ make and return.
      Issued the eleventh day of October, 1887
                                        Witness, Rufus B. Glover  Clerk of said Court and the seal thereof, at office                                           in the town of San Diego the eleventh day of October 1887
                                                                                    R. B. Glover  Clerk C C Duval County
                                                                                    By J W Wright  Deputy

No. 56  In Duval County Court   Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca & Rafael Garcia minors. Issued this eleventh day of October A. D. 1887, and executed 11th day of October 1887 by posting written notices of the within, in three public placed in said County, one of which was at the Court House door, one at Benavides and one at Realitos. L. L. Wright   Sheriff
Returned and filed this 26 day of October 1887
                                                                                       R. B. Glover  Clerk

The foregoing application coming on to be heard and it appearing to the satisfaction of the Court that the requirements of the law has been complied with, said application is hereby granted by the Court and

Vol. B Page 33

Carmen Treviņo de Garcia appointed Guardian of the persons and Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca & Rafael Garcia minors, and that Letters of Guardianship issue to her upon her filing a good and sufficient bond in the sum of three thousand dollars. It was hereby further ordered and decreed by the Court that Francisco Garcia Tovar, Avelino Garcia Tovar and Sovrinao Garcia Perez be and are hereby appointed appraisers of said Estate.

Bond and Oath
of
Carmen Treviņo de Garcia Guardian of minors Dolores, Rafaela, Ubaldo, Elvira, Francisca and 
Rafael Garcia

      Know all men by these present, That as Carmen Treviņo de Garcia as principal, and Sovriano G. Perez and E. G. Perez as sureties, are held and firmly bound unto the County Judge of the County of Duval, and his successors in office, in the sum of Three thousand ($3,000.00) dollars conditioned that the above bound Carmen Treviņo de Garcia, who has been appointed by the County Court of Duval County, Guardian of the persons and Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia minors, will faithfully discharge the duties of guardian of the persons and Estate of said minors.

                                                                                     Witness out signatures this the 8th day of                                                                                        November A. D. 1887

I, Carmen Treviņo de Garcia do solemnly swear that I will faithfully discharge the duties of guardian of the persons and Estate of Delores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia minors, according to law.

Sworn to and subscribed before me this 6th day of November A. D. 1887
                                                                                                           Frank Fenille                                                                                                             Notary Public
                                                                                                           Duval County, Texas

Approved
               James O Luby
               County Judge  D. C.
Court then took recess till 9 A. M. tomorrow.

Vol. B Page 34

Court met this 9 A. M. and there were present same as yesterday.

Inventory

      And now comes Carmen Treviņo de Garcia Guardian of the persons and Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia minors and returns to the Court an inventory of all the real and personal property, in the State belonging to the Estate of her wards that has come to her knowledge, which she has caused to be appraised.
      And she also attaches hereto a list of the claims due and to become due to said Estate.

The above cause is held in common with Antonio Garcia Flores, Francisco Garcia Flores, Jose Ma. Garcia Flores, Eduardo Garcia Flores, Francisca Garcia Flores, Juan de Dios Garcia Flores & Florencia Garcia Flores.
The lots are held in common with Florencia Garcia de Flores.

Before me Frank Fenille, a notary Public in and for Duval County, on this day personally appeared Sevriano G. Perez, Francisco G. Tovar and Avelino G. Tovar, who being duly sworn, state on oath that the foregoing is a true and correct appraisement of the property belonging to the Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia minors, according to the best of their information and belief.
                                                                                       S. Garcia Perez
                                                                                       F. Garcia Tovar
                                                                                       Avelino Garcia Tovar

Vol. B Page 35

Sworn to and subscribed before me this 9th day of November A. D. 1887.

                                                                                         Frank Fenille
                                                                                         Notary Public
                                                                                         Duval County, Texas

List of Claim

    Sevriano G. Perez, owes to the minors a debt of $686 Six Hundred and Eighty Six Dollars, bearing interest at the rate twelve (12) % annum.

    I, Carmen Treviņo de Garcia, guardian of the Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia, do solemnly swear that the Inventory and list of claims annexed hereto are a true and perfect inventory and list of all the property, real and personal, belonging to said estate that has come to my knowledge.

Sworn to and subscribed before me this 9th day of November A. D. 1887
                                                                                                    Frank Fenille
                                                                                                    Notary Public Duval County, Texas

    Application for order of sale of real estate in the Guardianship of Dolores Garcia et al. by Carmen Treviņo de Garcia Guardian.

      The petition of Carmen Treviņo de Garcia Guardian of Dolores, Rafaela, Elvira, Ubaldo, Francisca and Rafael Garcia minors, respectfully represents, that the means on hand belonging to said Estate besides the real estate thereof will not be sufficient for the maintenance and education of said minors, as shown by the exhibit hereto attached, and your petitioner believes that the property that can be disposed of more to the interest of said estate than any other thereof, is the track of land lying in Duval County, Texas, being 316 acres more or less undivided in a track of land originally belonging to Ysabel Flores, and inherited by Rafael Garcia Flores deceased, father of the minors herein, from said Ysabel Flores. Said land is in a tract known as San Diego de Arriba Track.
      Wherefore your petitioner prays that citation issue and service thereof be perfected, as the law directs, and that as the next term of said Court to be held for civil purposes on and for said County in February next an order may be

Vol. B Page 36

granted to your petitioner to sell said property, and that the proceeds thereof be applied to the education and maintenance of said minors, for which your petitioner will ever pray.

      Exhibit of the condition of the Estate of the minors Dolores, Rafaela, Ubaldo, Elmira, Francisca and Rafael Garcia  
      The properties of said minors consists of 316 acres of land in Dan Diego de Arriba Track in Duval County Texas valued at one dollar an acre                                                                                  $316.       
      Interest in 21 lots in Dan Diego Texas amounting to amount due by Sevriano G. Perez to said minors earning interest at the rate of 12% per annum.                                                               $353.

                                                                                                                                                         $686.
                                                                                                                                                       ______
                                                                                                                                                        $1355.

I, Carmen Treviņo de Garcia do solemnly swear that the foregoing is a true and correct exhibit of the present condition of the Estate of the minors Dolores, Rafaela, Ubaldo, Elmira, Francisca and Rafael Garcia minors, so help me God.

Sworn to and subscribed before me this 9th day of November 1887
                                                                                                      Frank Fenille
                                                                                                      Notary Public Duval County, Texas

Vol. B Page 37

      Be it hereby remembered that on Monday the 6th day of February A. D. 1888  there was begun and holden in the town of San Diego Duval County Texas at the courthousethereof a regular teerm of the Hjon. County Court for Probate Purposes,  the Hon. James O. Luby County Judge, Duval Co. presiding and there were present in addition at said term of Court

R. B. Glover       County Clerk       Duval County Texas
L. L. Wright         Sheriff
      The Court was duly opened by proclamation of the sheriff at the Court house door.
      The Docket was then called and the following orders made therein.

      It appearing to the court that in making the Inventory and appraisement of the estate of the Minors Dolores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia the appraisers omitted 104 acres of land valued a $1.00 per acre it is ordered that the same be made to the estate of said minors.
      Court then took recess till 10 o'clock A. M. tomorrow.

Vol. B Page 38

Court met this 10 o'clock and there were present same as yesterday.
The Docket was then resumed and the following orders made therein   

      The application of Carmen Treviņo de Garcia Guardian of the Estate of the minors Dolores, Rafaela, Ubaldo, Elmira, Francisca and Rafael Garcia, asking for an order of sale of the interest of said minors in and to the seventh part of share No. 6 in the Julian Flores grant in Duval County, Texas, coming to to be heard, and it appearing to the court that a necessity exists for the sale of said Real Estate as set forth in the petition and it appearing to the court that the said Real Estate has heretofore been a source of expense to said minors in payment of Taxes etc. and the purpose of said sale being for the maintenance and education of said minors.

      And it further appearing to the court that the interest of said minors in said Real Estate is Four Hundred and twenty acres of land out of 489 24/25 acres allotted  to the Heirs of Rafael G. Flores deceased in a certain deed of partition dated July 6 1883 made by and between the heirs of Antonio Garcia Flores, the heirs of Rafael Garcia Flores, the heirs of Francisco Garcia Flores, Eduardo Garcia Flores, Jesus G. Garcia, Jose Maria Garcia Flores, Anastacia Perez, Encarnacion Garcia Garza, Frn. Barrera, Trinidad Flores and Santos Flores, which of record is Manifest in Book H pages 519 to 521 inclusive in the records of Duval County, Texas.

      It is considered by the court that the order of sale of said Real Estate be granted. Therefore it is ordered adjudged and decreed by the Court that the said Carmen Treviņo de Garcia Guardian as aforesaid be and is hereby authorized to sell the said property at private sale on a credit not to exceed twelve months, and that said sale be made and report there of returned to this Court according to law.

      There being no further business Court was duly adjourned till next regular term in course.

Vol. B Page 39  

      Be it hereby remembered that on Monday the 7th day of May A. D. 1888  there was begun and holden in the town of San Diego Duval County Texas at the courthouse then of a special term of the Hon. County Court in and for aforesaid state and county, for the purpose of deciding the case of Lunacy of Andres Martinez, the Hon. J. O. Luby county Judge presiding and there were present in addition Clerk of Duval county Texas R. B. Glover by J. W. Wright Deputy Clerk of  Duval County Texas

R. B. Glover  C. Clerk       D. C.
L. L. Wright   Sheriff           D. C.
      The Court was duly opened by proclamation of the sheriff at the Court house door.
      The Docket was then called and the following orders made therein.

      And now comes Felipa Salinas de Garcia guardian in the above styled case and makes this application for an order to sell the hereinafter described track of land in which the said minors hold 8/10 interest respectfully shows That the Francisco Garcia Salinas and Gregoria Garcia de Garcia who each hold 1/10 interest each have consented to the sale, and will execute the deed should your honor grant this order.
That the money obtained for this land will enable your applicant to maintain and properly educate the above mentioned minors.
That there in no personal property belonging to said estate whereby an income may be derived for the support of said minors, that it is necessary that this land be sold, and the money invested in a homestead, for the allowance of your applicant and the maintenance of said minors.
That your applicant can sell the said tract of land at private sale, at the appraised value to S. Garcia Perez, for cash.
That said land is situated in Duval County, Texas, and described as follows: On the Julian & Ventura Flores Gt. abst No 212 in share no. 3 of the San Diego tract. Beginning at the S.E. cor. of share no 3 & S.W. cor. of share no.2. Thence N. 10degrees @ 3926 Ws.

Vol. B Page 40

N. E. cor. this tract & S. E. corner of land in this share of Tomasa Garcia de Barrera. Thence N. 80 degrees W. 950 ws  N. W. cor. this survey. Thence S. 10 degrees W. 3982" ws. S. W. cor. this tract. Thence down the meadows of the Dan Diego land to the place beginning, containing 665 acres more or less.
Wherefore, your applicant prays that citation issue to all persons interested to appear at the next regular term of your honors Court. the May term thereof, and show cause, if any, why such application shall not be granted:
That your honor grant such orders of sale, and all orders necessary thereto, for which she will ever pray.

Corrected Exhibit of said Estate

An undivided interest of 8/10 of 1/5 out of their grandfather's, Antonio Garcia Flores, share in the following actions, being

The above property is held by the minor heirs herein, in common with E. Garcia Perez, S. Garcia Perez, Tomasa Garcia de Barrera. And Francisco Garcia Salinas and Gorgoria Garcia de Garcia own the 2/10 of the share of Antonio Garcia Flores in the above actions.
The deficiency in the appraisement and the present exhibit will be shown by the exchange of certain interest as per the deed of petition dated July 26, 1883, found recorded in Book "N" page 519 in the records of Duval Co. Texas

Sworn to and subscribed before me this 29th day of Mar. 1888
                                                                          J. W. Wright J. P. D. C.

      The application of Felipa Salinas de Garcia Guardian of the estate of the minors Josefa, Victoria, Albrito, Gilbrito, Napoleon, Gorgoria, Jacoba and Jesusa Garcia Salinas, for the sale of 665 acres of land in the upper San Diego Tract, originally granted to Julian Flores, the

(the names Albrito & Gilbrito should read Alberto & Gilberto)

Vol. B Page 41

said minors being entitled to 8/10 eight tenths of said land as per _____? and bounds in application for sale.
It is ordered that said land be sold at private sale for cash and at the price of lands similarly situated.It appearing to the Court that a necessity exists for such sale to enable the said Guardian to support and educate her said minor children.
It is further ordered that said sale shall be made and report thereof returned to this court within 30 days after the date of this order.

There being no further business, Court was duly declared adjourned till next regular term in court.
Attest
    R. B. Glover
       C. C. C. D. C. T.                                                              Co. Judge Presiding

Continued on page 5

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