Duval County Court Minutes (Probate matters) 1887-1894 Volume B Page 10
For a quick search of these pages, click on Edit, then click on Find (on this page). Type in the name you are looking for. Names may appear more than once on each page, so check entire page. These records are transcribed from Family History Library film #1017012 ___________________________________________ Vol. B Page 102
It is ordered that Letters issue to Applicant Rafael Arredondo on his filing the Bond ordered by Law and taking the proper oath.
It is ordered that the following named persons be appointed appraisers to wit: C. C. Lewis, Eduardo G. Hinojosa and Vicente Vela to appraise the Estate of Candelario Arredondo, and that they proceed to appraise the same and return make and have proscribed by law. Court then
took recess until Wednesday morning May 4th 1892 at 9 o'clock A. M.
In the matter of the Estate of Refugia Resendez dec'd Josefa G. Jaimenes applicant for Administration. Now on this 4th day of May A. D. 1892 the application of Josefa G. Jaimenes for Letters of Administration on the Estate of Refugio Resendez. Coning on to be heard, and that Applicant appearing in person and by Attorney. And it appearing to the court that said Refugia Resendez died on or about the 4th day of January 1892 in Duval County. That said Estate is situated in said County, composed of Real Estate, and the said Estate owes debts and to prevent waste of said Estate a necessity exists for Administration. And it appears to the Court that said Applicant is entitled to be appointed such administratrix and in no manner disqualified by Law. It is therefor the order of this Court that application be and the same as hereby granted. And that letters of Administration do issue to the said Josefa G. Jaimenes upon said applicant entering into Bond in the sum of $1500.00 with two or more good and sufficient Sureties in Terms of the Law within twenty days from date hereof.
It is hereby ordered Ramon Vol. B Page 103 G. Ramirez, Pedro Eznal and James Boydan be appointed Appraisers of said Estate and that they proceed to Appraise as soon as qualified and make due Report according to Law at the next Regular Term of this Court. Court then
took recess until Tomorrow at 9 A. M.
In the matter of Estate of Juan Antonio Ruiz, Dec'd. Complaint having been made supported by affidavit of Guadalupe Ruiz de Soto and Crisolfo Ruiz, two of the heirs mentioned in the Will of Juan A. Ruiz, Dec'd that Francisca Rodriquez de Ruiz, surviving Wife and Administratrix has been selling personal property belonging to the Estate, without authority, and has been wasting and misapplying the same and asking that she be removed and another Administrator appointed. And it further appearing that the said Admintratrix has failed to make her yearly exhibit, as by Law required, therefore it is ordered that the said Administratrix Francisca Rodriquez, de Ruiz, be sited to appear at the next regular term of this Court and show cause why she should not be removed, and another appointed to administer on the Estate as prayed for in the complaint made by the two heirs.
Wm. A. Tinny
J. W. Moses San Diego Duval County Texas Thursday June 16th 1892
Be it Remembered that on Thursday June 16th A. D. 1892, there was begun and holding a special Term of the Hon. County Court in and for Duval Cjounty, at the Court House thereof in the Town of San Diego in said County for the Trial of Gregoria Hernandez charged width Lunacy. Present Hon. J. W. Moses County Judge presiding and there was present in addition thereto
Court was duly declared open by proclamation of the sheriff at the Court House Door. Where said cause was disposed of as follows viz Vol. B Page 104
On this 16 day of June 1892 comes on to be heard before Hon. J. W. Moses Judge of the County Court of Duvall County Texas, a complaint in Writing and under oath, charging Gregorio Hernandez with being a Lunatic. When upon came the said Gregorio Hernandez in person, and also came a Jury of six good and lawful men of Duval Cjounty, hereinafter named who having heard the complaint , the evidence and the charge of the Court (said Jury having previously been impaneled and sworn, according to law) achieved their verdict in response to the special issues submitted as follows, to wit
The following Special Issues were
submitted to the Jury in the above entitled cause. Whereupon the Jury retired to consider of
their Verdict and returned into open Court the following Verdict. Vol. B Page 105 Whereupon it
is adjudged that the said Gregorio Hernandez is a Lunatic and it is ordered by the Court
that he be conveyed to the Lunatic Asylum at Austin, County of Travis, for restraint and
treatment, and that the costs of the boarding be adjudged against Duval County. Vol. B Page 106
Be it remembered that on Wednesday June 22nd 1892 there was begun and holden at the Town of San Diego in the County of Duval Texas, at the Court House thereof, a Special Term of the Hon County Court Probate side for the hearing of the case of The State of Texas vs. Juan Garcia Peņa charged with Lunacy. Present Hon J W Moses County Judge presiding, and there was present in addition thereto
The Court was declared open by proclamation of the Sheriff at the Court House Door. The the following proceedings were had.
The Court deeming it necessary that Defendant should be properly represented herein, appointed Bethel Coop? Jr. to represent him on the trial hereof and allowed min a fee of $20.00 for services. The Jury having been duly impaneled and sworn, after hearing the evidence retired to consider of their verdict, and afterwards on the same day brought in the following verdict, to wit. We the Jury find the defendant Juan Garcia Peņa of unsound mind, and that he should be placed under restraint. And the Court will appoint Nieves and Sesano Peņa as temporary Guardians of the defendant & to report the condition of defendant to Judge every 2 or 3 days.
On this 22nd day of June 1892 came on to heard before J. W. Moses, Judge of the County Court of Duval County Texas a complaint in writing and under oath, charging Juan Garcia Peņa, with being a Lunatic. Whereupon came the Juan Garcia Peņa, in person and by Attorney, and also came a Jury of six good and lawful men of Duval County, hereinafter named, who having heard the complaint, the orders and the charge of the said Judge (void Jury having previously been empanelled and sworn according to law) returned their verdict in response to the special issues, submitted as follows to wit: Vol. B. Page 107
The following Special Issues are submitted to the Jury in the above entitled cause. 1. I Juan Garcia Pena of unsound mind? Whereupon the Jury retired to consider of, and returned into open Court the following verdict. 1. Yes
Signed
Pedro Eznal Whereupon it was adjudged that the said Juan Garcia Peņa is a Lunatic and it is ordered by the Court that he be placed in charge of Nieves and Sesano Garcia Guardians, for restraint and treatment and that the cost of this proceeding be adjudged against Juan Garcia Peņa. It is further ordered that the above named Jurors be allowed the sum of Two Dollars each for which let scrip issue. Wm. A. Tinney
J. W. Moses There being no further business Court was adjourned until next term in cause. Attest Wm. A. Tinney
J. W. Moses Vol. B Page 108
Be it Remembered that on Monday, August 1st A. D. 1892 there was begun and holden at San Diego Duval County Texas at the Court House thereof a Regular Term of the Hon. County Court;, in and for Probate Matters. Present Hon. J. H. Moses County Judge thereof presiding and there was present in addition thereto:
Court was
declared open by Proclamation of the sheriff at the Court House Door.
Now on this day the matter of the Petition of Guadalupe Ruiz Soto and Crisolfo Ruiz, being duly reached and called, came on to be heard. The de_____? of the executrix to the said petition and the issue as well as argument of Counsel for both parties therein being heard and duly considered. The court finds the law to be with the Petitioners and against the executrix as to said de_______? and it is therefore considered and ordered by the Court that the same be and it is hereby overruled.
Now at this day came on to be heard the Petition of Guadalupe Ruiz Soto and Crisolfo Ruin for an order requiring Francisca Rodriquez Ruiz, Executrix of said Estate, to give Bond, and in Default thereof that she be removed and some competent person appointed executor and required to give good and sufficient Bond. Now came the Petitioners by their Attorney and the Executrix by her Attorney and both parties announced ready for the hearing thereof and after hearing the Petition, and all the evidence Vol. B Page 109 adduced, the Court finds that it has been made to appear by proof to the satisfaction of the Court, that said executrix of mismanaging and misapplying said Estate, and that thereby the said Petitioners may probably lose their interests in the Estate, and it is therefore considered and ordered by the Court that said Francisca Rodriquez de Ruiz be and she is hereby required to give a Bond in the sum of nine Thousand Dollars for the faithful performance of her Trust as Executrix of said Estate, conditional as required by law, within ten days, and in default thereof that she be removed from such trust. To all of which the executrix excepted and gave notice of appeal in open Court. Court then
took recess until tomorrow morning at 9 o'clock A. M.
It appearing to the Court that Josefa Garcia Martinez de Arredondo, is the widow and Joaquina Arredondo aged six years, and Vicentita Arredondo aged three years, are the minor children of Candelario Arredondo deceased, and that said children are in the care and custody of said widow, their mother, and that no allowance has been made for their support it is considered and ordered by the court that there be and there is hereby allowed to the said widow for the support of herself and her said two minor children for one year, the sum of four hundred dollars out of the said Estate and that Rafael Arredondo, Administrator of said Estate, be and he is hereby directed and required to pay the same to the said widow out of said Estate according to law.
It is considered and ordered by the Court, that there be and there is hereby set apart out of said Estate for the use and benefit of Josefa Garcia Martines de Arredondo the widow, and Joaquinita Arredondo and Vicentita Arredondo, minor children of the Vol. B Page 110 said Candelario Arredondo all such property of the Estate as is now exempt from execution or forced sale by the Constitution and laws of the state of Texas, to include the following to wit. 1. The homestead, consisting of Two Hundred
Acres, undivided in the two tracts of land in Duval County, known as the Marcelo Hinojosa
and Diego Hinojosa grants, which two hundred acres was conveyed to said deceased by Amador
Garcia by the deed of date this 3rd day of July, 1879, recorded the Records of Deeds
of Duvall County in Book L, on pages 102. Said Homestead to include the Rancho houses and
improvements whereunto deceased resided at his death and there said widow now resides. Vol. B Page 111
Now at this
day comes on to be heard the application of Josefa Garcia Martinez de Arredondo, widow of
said Deceased, for an order setting apart from the property of said Estate twelve hundred
dollars, her separate property, and requiring the administrator of said Estate Rafael
Arredondo to deliver the same to her and came the parties, the Petitioner, by her counsel
and the administrator in person and by his counsel, and both parties announced ready for
the beginning of said application and after hearing the cause of the administrator
thereto and it was all the evidence allowed by the parties, the Courts find that the
Twelve Hundred Dollars claimed by the Petitioner was her separate property, before the
consummation of the marriage, and was brought by her into the marriage, and that though
the husband had the sale and management thereof during the marriage, it remained her
separate property and is such in the hands of the administrator among the effects of the
deceased.
Now comes S. H. Woods, one of the Attys. in the above styled and numbered cause and representing the Administrator Rafael Arredondo and shows to the Court that the original citation heretofore issued and returned has been lost and that he attaches hereto a substantial copy thereof and asks that the citation be substituted, and that the Court allow the said copy herein filed to be substituted for Vol. B Page 112 and in lieu of the original so lost or
mislaid. The forgoing petition is allowed and it is
ordered that the copy hereto attached be and it thereby substituted for and in lieu of the
original so lost or mislaid, and that the said petition and copy be recorded upon the
minutes of this Court Notice in Probate The State of Texas} To the sheriff or any
Constable of Duval County Greetings. 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 Candilario Arredondo Deceased.
Rafael Arredondo has filed in the County Court of Duval County, an application to be
appointed Administrator of the Estate of Candilario Arredondo dec'd. which will be heard
at the next Regular Term of the Hon County Court, sitting in Probate of Duval County Texas
Begun and holden on the first Monday in May being the 2nd day of May A. D. 1892 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 deem proper. Herein fail not,
under penalty of the Law, and of this writ make the return. Issued the 30th day of January
1892. Endorsed - No. 70. In Duval County
Court, Estate of Candilario Arredondo, Dec'd. Issued this 30th day of January A. D. 1892.
Wm. A. Tinney County Clerk. Came to hand 30th day of January 1892 and executed 5th
day of February 1892 by posting Written notices of the within, in three public places in
said County, one of which was at the Court House Door, one at Benavides P. O. and one at
Rialitos. John Buckley sheriff. Returned and filed this 20th day of February 1892. Vol. B Page 113
This cause continued to perfect service and temporary Administration continued. The above and
foregoing minutes having been read in open Court and there being no further Business Court
is now adjourned. Vol. B Page 114
Be it Remembered that on Saturday the Third day of September A. D. 1892 there was begun and holden a special Term of the Hon County Court of Duval County at the Court House thereof in the City of San Diego for the purpose of examining Martina M. de Garza who is charged with being non compos mentis. Present Hon. J. W. Moses Cjounty Judge Duval County presiding and there was present in addition thereto:
The Court was declared open by proclamation
of the Constable in this term of law.
On the 3rd day of September A. D. 1892 this cause came on to be heard, where the following proceedings were had. A complaint in writing and under oath charging the Defendant Martina M. de Garza with Lunacy, whereupon cause the State by C. L. Coyner, County Attorney, and the Defendant in person and announced ready, and also came a Jury of six good and lawful men (who were duly impaneled in said cause) hereinafter named, who having heard the complaint read, the evidence allowed argument of counsel and the chare of the Court retired to consider of their verdict in response to the special issues as follows to wit.
The following
special issues are submitted to the Jury on the above entitle cause Vol. B Page 115 6. Is the Defendant possessed of any
estate, if so, of what does it consist and its estimated value. Thereupon the
Jury retired to consider of and returned into open Court the following verdict. Whereupon ,
it is adjudged, that the said Martina M. de Garza is not a Lunatic, and it is ordered by
the Court that she be dismissed without delay, and that the costs of this procedure be
adjudged against Duval County. The above and
foregoing minutes having been read and there being no further Business Court is now
adjourned until next term in course. Continued on page 11 ______________________________________________ page created Feb. 23, 2009
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