Duval County Court Minutes (Probate matters)

1887-1894

Volume B

Page 1

Index of names

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Vol. B Page 1

San Diego, Duval County, Texas  Monday February 7, 1887

The State of Texas   }
County of Duval        }  Be it remembered that on Monday the 7th day of February 1887 there was begun and holden in the town of San Diego Duval County Texas at the Court House thereof a regular term of the Hon. County Court in and for aforesaid County and State, for Probate purposes, the Hon. James O. Luby County Judge, Duval County, presiding and there were present in addition at said term

The Court was duly opened by proclamation of the sheriff at the Court House door.
The Docket was then taken up and the following orders  made there

     In this cause it appearing that the County Judge had been of Counsel herein, and further that it is contrary to laws for him to preside herein, it is therefor ordered and adjudged that this cause of the matter of the Estate of Concepcion B. Garcia be and is hereby transferred to the District Court of Duval County at its next regular term in course, and that the Clerk of this Court do transmit to the Clerk of said District Court all the papers herein filed.

      In this cause it appearing that the County Judge had been of Counsel herein and further that it is contrary to law for him to preside herein, it is therefore ordered and adjudged that this cause of the matter of the Estate of San Juana Salinas -minor be and is hereby transferred to the District Court of Duval County at the next regular term in course, and that the Clerk of this Court do transmit to the Clerk of said District Court all the papers herein filed.

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      Frank Fenille having been affirmed Guardian Ad Litum for the minor heirs of Maria Pena deceased is hereby appointed by the Court, and refusing to act, J. W. Moses is hereby appointed by the Court Guardian Ad Litum for minors in the place of Frank Fenille, and this case passed for further action till tomorrow.

      In this cause it appearing that the County Judge had been of Counsel herein, and further, that it is contrary to law, for him to preside herein, it is therefore ordered and adjudged that this cause of the matter of the Estate of Macedonia Rangell be and is hereby transferred to the District Court of Duval County at its next regular term in course and that the Clerk of this Court do transmit to the Court of said District Court all the papers herein filed.

      In this cause it appearing that the County Judge had been of Counsel herein, and further, that it is contrary to law, for him to preside herein, it is therefore ordered and adjudged that this cause of the matter of the Estate of Macedonia Rangell be and is hereby transferred to the District Court of Duval County at its next regular term in course and that the Clerk

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of this Court do transmit to the Court of said District Court all the papers herein filed.

       To the Honorable James O. Luby Judge of the County Court of said County presiding.
       This petition of Josefa Garcia de Garza, a resident citizen of said county, respectfully represents that petitioners mother, Maria Ynez Garcia de Garcia late of said County, deceased at her residence wherein, departed this life on the 24th day of July, A.D. 1884, and that in her life time, to wit, on the ninth day of February A.D. one thousand eight hundred and eighty four that said Maria Ynez Garcia De Garcia, deceased, executed  in writing and due form of law, her last will and testament, which said will accompanies this application, and thereby disposes of all her estate, both real and personal, the probable value whereof is about four thousand dollars, and therein named and appointed your petitioner sole executrix of said last will and testament, and your petitioner further represents that she is not disqualified by reason of the law as executrix aforesaid wherefore your petitioner files her application together with the said last will and testament of deceased and prays that citations issue as the law directs and that as the next regular term of the County Court to be commenced for civil purposes in and for said county, on the first Monday in February A.D. 1887, said will be admitted to probate, and your petitioner will  even pray .   

Frank Fenille

               Notice in Probate

To the sheriff or any Constable of Duval County - Greetings

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You are hereby commanded to cause to be posted in three of the most public places in your county, one which shall be on the Court House door, and no two shall be in the same city, town or village, copies of the following notice.

      The State of Texas.
      To all persons interested in the Estate of Maria Ynez Garcia de Garcia, Josefa Garcia de Garza has filed in the County Court of Duval County, an application to have the last will and testament of Maria Ynez Garcia de Garcia probated which will be heard at the next  regular term of the Honorable County Court for Probate matters to be begun and holden on the first Monday being the seventh (7) day of February 1887 in and for Duval County Texas at the Court House thereof in the town of San Diego, at which time all persons interested in said Estate of Maria Ynez Garcia de Garcia may appear and contest said application if they see proper.
       Herein fail not, under penalty of the law, and of this work make and return.
       Issued the 22nd day of January 1887

                                                 Witness. Rufus B. Glover, Clerk of said Court
                                                 and the seal thereof, as office in the town of San
                                                 Diego the 22 day of January 1887
                                                                                   R. B. Glover - Clerk C C Duval County

Came to hand 24th day of January 1887, and executed 24th day of Jan 1887 by posting written notices of the within , in three public places in said County, one which was at the Court House door, one at Pina and one at Benavides.
                                                                                     L. L. Doyle  Sheriff

      State of Texas    }
      County of Duval }  Know all men by these present that I Maria Ynez Garcia De Garcia native of Rancho Guardada Jurisdiction of Mier State of Tamaulipas Republic of Mexico and a resident of the County of Duval and State of Texas. Being in good health, and of sound mind and memory calling to mind the finality and uncertainty of life, and being desirous of setting my worldly affairs, do make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made.
      First I direct that all my just debts and funeral charges shall by my executrix hereinafter named be paid out of

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my estate, as soon after my decease as shall be found convenient.
      Second I give and bequeath to my beloved daughter Josefa Garcia de Garza, all the estate, rights, title and interest in possession  revision or remainder which I now have, or shall have at the time of my death, in or to any laws, tenements, hereditaments or rents  - charges upon or issuing out of them or shall have or in or to any personal property, or any other property whatever, making her the said Josefa Garcia de Garza my sole heir.
      Third  I nominate and appoint my said daughter Josefa Garcia De Garza to be my sole Executrix of this will, and direct that no security shall be required of her, as executrix.
      In witness whereof I have hereunto set my hand this the ninth day of February A.D.  One thousand eight hundred and eighty four in the presence of Eusibio Gomez and Francisco Lanalde who attest the same at my request.

The State of Texas }
County of Duval      }  Before me, J. O. Luby, a Notary Public for and within said State and County, on this day personally appeared Maria Ynez Garcia de Garcia known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the sane for the purposes  and consideration therein expressed.

                                                                    Given under my hand and seal of office
                                                                     this ninth day of February A.D. 1887
                                                                                       James O. Luby                                                                                         Notary Public, Duval County, Texas

On this the seventh day of February A.D. 1877 personally appeared in open Court Francisco Larralde, who being

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duly sworn, deposes and says that on the ninth day of February A. D. 1884, he was present and saw Maria Ynez Garcia de Garcia sign the instrument filed in this Court on the (22nd) twenty second day of January A. D. 1887, and now shown to him, having date on the ninth day of February A.D. 1884, and purporting to be the last will of her, the said Maria Ynez Garcia de Garcia, and heard her publish in and declare the same to be her last will and testament that at the time of signing and publishing the same, the said Maria Ynez Garcia de Garcia was over twenty one years of age, and of sound mind: that this affrant (?)  and Eusibio Gomez whose signature on said instrument on the said ninth day of February A.D. 1884, then being creditable  witnesses above the age of fourteen years, subscribed their names   as witnessed to the same in the presence and at the request of said testatrix, and in the presence of each other.

That afterwards, on the twenty fourth day of July A. D. 1884, said Maria Ynez Garcia de Garcia died in said County of Duval, Texas, in which she had her domicile at and before her death, and without having revoked said will, so far as known to affaint.

                                                                                      Francisco Larralde

Sworn to and subscribed in open Court before me this seventh day of February A.D. 1887

                                                                                       R. B. Glover
                                                                                       County Clerk Duval County

This day came on to be heard the Petition of Josefa Garcia de Garza for the Probate of a certain instrument in writing now provided in Court, purporting, and alleged to be the last will of Maria Ynes Garcia de Garcia deceased, and the evidence a statement of which is filed in this case being heard and fully considered by the Court. It is ordered, adjudged and decreed that the said instrument in writing is hereby admitted to Probate and Record, as the last will of said Maria Ynes Garcia de Garcia deceased and the testimony shall be recorded in the minutes of this Court.

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In the Honorable County Court of said County Felipa Salinas de Garcia shows that she is the mother of Jose Garcia Salinas born May 2nd 1868, Victoria Garcia Salinas born December 23, 1871, Alberto and Gilberto Garcia Salinas (twins) born March 1st, 1873, Napoleon Garcia Salinas born August 15th, 1875, Gorgonia Garcia Salinas born September 9, 1877, Jacoba Garcia Salinas born November 28, 1879 and Jesusa Garcia Salinas born November 11, 1881 all minors and residing the County of Duval in the State of Texas, and that she said minors are without any lawful guardian of their estate, and that she and minors are entitled to an estate in the State of Texas and County of Duval of the estimated value of One thousand dollars ($1,000.00) and that the father of said minors is dead; and the said Felipa Salinas de Garcia has the custody of said minors and resides in the County first aforesaid.
Wherefore she prays that she be appointed guardian of the persons and estate of said minors.

                                                                           Felipa Salinas  X  de Garcia

E. Garcia Perez

      This day came on to be heard the application of Felipa Salinas de Garcia for letters of guardianship of the persons and estate of Jose Garcia Salinas, Victoria Garcia Salinas, Alberto Garcia Salinas, Gilberto Garcia Salinas, Napoleon Garcia Salinas, Gerona Garcia Salinas, Jacoba Garcia Salinas and Jesusa Garcia Salinas minors, and it appearing to this Court that due notice of said application has been given; and that Jose Garcia Salinas and Victoria Garcia Salinas, both being over fourteen years of age, waives, in writing, issuance of citation to ; and it further appearing that said minors have no lawful guardian of their person and estate, and that the said Felipa Salinas de Garcia is qualified to receive letters of guardianship.
     It is therefore ordered that the said Felipa Salinas de Garcia be and is hereby appointed guardian of the persons and estate of the said Jose Garcia Salinas, Victoria Garcia Salinas, Alberta Garcia Salinas, Gilberto Garcia Salinas, Napoleon Garcia Salinas, Gorgonia Garcia Salinas, Jacoba Garcia Salinas and Jesusa Garcia Salinas, and that letters issue to her on giving bond in the sum of two thousand dollars payable and conditioned as required by  law, and taking the oath within twenty days.

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Felipa Salinas de Garcia as principal and S.Garcia Perez and E. Garcia Perez as sureties; acknowledge ourselves bound unto   the County Judge of Duval County aforesaid and his successors in office in the sum of ($2,000.00) two thousand dollars, to be levied of our goods and chattels lands and tenement and for the payment of which will and truly to be made we hereby bind ourselves our heirs executor and administration jointly and severally.

The condition of  the above obligation is such that whereas the above bounded principal Felipa Salinas de Garcia has been appointed by the Hon. County Court of Duval County at its February Term A. D. 1887, as guardian of the estate of Jose Garcia Salinas, Victoria Gracie Salinas, Alberto Garcia Salinas, Gilberto Garcia Salinas, Napoleon Garcia Salinas, Gorgonia Garcia Salinas, Jacoba Garcia Salinas and Jesusa Garcia Salinas minors. Now therefore if the above bounder principal Felipa Salinas de Garcia, will faithfully discharge her duties of guardian of the estate of the said Jose Garcia Salinas, Victoria Garcia Salinas, Alberto Garcia Salinas, Gilberto Garcia Salinas, Napoleon Garcia  Salinas, Gorgonia Garcia Salinas, Jacoba Garcia Salinas and Jesusa Garcia Salinas, minors, according to law then and in that care this obligation to be null and void, otherwise to be held in full force and effect.

      Before me, J W Wright a Notary public in and for Duval County Texas, personally appeared Felipa Salinas de Garcia, S. Garcia Perez and E. Garcia Perez, know to me to be the persons whose names are subscribed to the foregoing instrument of writing. bearing date on the 8 day of February 1887 and they severally acknowledged to me that they subscribed the same for the purposes and consideration therein expressed.

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     I Felipa Salinas de Garcia do solemnly swear that I will faithfully discharge my duties as guardian of the estate of Jose Garcia Salinas, Victoria Garcia Salinas, Alberto Garcia Salinas, Gilberto Garcia Salinas, Napoleon Garcia Salinas, Gorgonia Garcia Salinas, Jacoba Garcia Salinas and Jesusa Garcia Salinas, minors according to law and to the best of knowledge and able to, so help me God.

      Know all men by these present: That we the undersigned duly commissioned appointed by the Hon. County Court, setting in matters of Probate, to make a partition and distribution of the Estate of Marin Peņa, deceased, do hereby report to this Honorable Court our actions on the premises.
       We find that the Estate is composed as per inventory, of two thousand eight hundred and eighty acres of land situated in this County, and  we order to make a fair lust and impartial partition and distribution of said estate we allot the said Estate as follows:
       To Francisca Peņa surviving widow in community

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of the said Marin Peņa deceased: One thousand four hundred and forty acres of land lying and situated in Duval County and known as Sur. No. 41 originally granted to the Tyler Tap R. R. Co., also Sur. No. 553 originally granted to B. S. & F. each consisting of AST. acres, also Sur. No. 5 abstract 371 originally granted to M. Peņa consisting of 160 acres of land.
       To Serafio, Basilio, Alcario, Nestor and Marta Peņa minors through their Guardian ad Litum J W Moses each and severally an undivided 1/12 of Sur. No. 11, originally granted to H. & G. N. R. R. and Sur. No. 43 org. granted to Tyler Tap R. R. Co. of 640 acres each and of Sur. No. 4, abstract 743 org. granted to M. Peņa consisting of 160 acres of land.
       To Tubercia Peņa through her attorney in fact Hipolito Cantu an undivided 1/12 of said surveys No. 11, 43 and 4.
       To Regina Santos wife of H. Cantu, Eugenio, Winnsislada, Santos and Malimo Peņa each and severally, an undivided 1/12 in the aforesaid Sur. Nos. 11, 43 & 4.

  Commissioners of Partition of the Estate of M. Peņa Feb. 5th 1887

     Before me the undersigned authority personally came and appeared Jose Valle and J. de Alcala and Manuel G. Diaz who each and severally did swear that the foregoing report is true and correct and which said report was subscribed to before me.

     This cause coming on to be heard in its regular order this day and the application

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of Francisca Peņa surviving widow in community of Marin Peņa deceased having been heard for a partition and distribution of the Estate of Marin Peņa deceased, and it appearing to the Court that citations issued as prescribed by law to all parties interested in said Estate, and commissioners for the partition having been by vistur? of said application, appointed by the Court at its last regular term, and that the commissions J. de Alcala Jose Vaello and Manuel Garza Diaz having filed their report in this Court, and that it further appearing to the Court to the Court after a careful examination that the said division and partition was fairly made according to law, and no objections made thereto, the Court approves said report and it is hereby ordered to be recorded.
      It is further ordered adjudged and decreed that the right, title and interest of Serafio Peņa, Basilio Peņa, Alcario Peņa, Nestor Peņa and Marta Peņa minors through their Guardian Ad Litum J. W. Moses and Tiburcia Peņa through her attorney in fact Hipolito Cantu; Regino Peņa, Santos Peņa and her husband N. Cantu per forma, Eugenio Peņa, Winseslado Peņa, Santos Peņa, Malimo Peņa of the County of Duval be divested out of said aforenamed parties in and to those pieces or parcels of land situated in the County of Duval Texas and known as Survey No 41 originally granted to the Tyler Tap R. R. Co. also survey No. 553 originally granted to B S. F. each consisting of 640 acres of land; also survey No. 5 abstract No. 371 originally granted to M. Peņa consisting of 160 acres of land be vested in and to Francisca Peņa surviving widow in community of Marin Peņa deceased, in fee simple.
      It is further ordered, adjudged and decreed that the right title and interest of Francisca Peņa surviving widow in community in and to the pieces and parcels of land situated in Duval County Texas and known as survey No. 11 originally granted to H. & G. N. R. R. Co. and survey No. 43 originally granted to Tyler Tap R. R. co. each of 640 acres of land and survey No. 4 abstract 743 originally  granted to M. Peņa consisting of 160 acres of land

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be divested and of the said Francisco Peņa surviving widow in community of Marin Peņa and the same is thereby vested in fee simple in Serafio Peņa, Basilio Peņa, Alcario Peņa, Nestor Peņa and Marta Peņa, through their guardian Ad Litum J W Moses, and Tiburcia Peņa through her attorney in fact H. Cantu; and Regino Peņa, Santos Peņa and her husband per forma Hipolito Cantu, Eugenio Peņa, Winseslado Peņa: Santos Peņa and Malimo Peņa all of the County of Duval State of Texas.
      Given under my hand and seal of the County Court this 8th day of January A. D. 1887

                                                                                  James O. Luby
                                                                                  Co. Judge Duval Co.

      It is hereby further ordered and adjudged by the Court that the fees of the Guardian Ad Litum J. W. Moses appointed by the Court to represent the minors in the partition and division of the above Estate of Marin Peņa deceased be hereby fixed and allowed the sum of ($25.00) Twenty five dollars.

This day came on to be heard the application of Manuel Jemines minor and it appearing to the Court that due notice of said application has been given and that the mother of said minor is not a suitable and competent person to have the custody of the said Victorino Jemines minor, and that the said Manuel Jemines is qualified to act as such guardian of said minor. It is therefor ordered that the said Manuel Jemines be and is hereby appointed guardian of the Victorino - minor.

Court then took recess till Saturday February 12th 1887

Saturday Febry. 12th 1887                       

Court met this 9 A. M. and there were present same as Tuesday. The reading of the minutes being disposed with the Docket was then taken up and the following orders made therein.

Continued of Page 2

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