Duval County Court Minutes (Probate matters)

1887-1894

Volume B

Page 11

Index of names

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Vol. B Page 116

      It appearing that Tomas Henderson was murdered on the night of the 19th of September 1892 at Benavides and that there are debts due by and to the Estate, also that there is personal property belonging to the Estate of a perishable nature and that the said property consisting of Fruits, Vegetables be liable to loss, that there is urgent necessity for a temporary Administrator and it having been shown to my satisfaction that Pedro Eznal would be a proper person and acceptable to the principal creditors of the Estate, I have appointed on this day said Pedro Eznal as temporary Administrator, with powers to immediately dispose of said perishable property, said Regent to give a bond in $400.00 as required by Law.

                                                                           In Chambers

Estate of Tomas Henderson Deceased, September 21st 1892

      By virtue of Authority vested in me by Law I have this day appointed Juan de Mata, Joseph H. Waller and J. C. Guellar as appraisers of the Estate of Tomas Henderson Deceased and that they make out and return their Inventory within the time prescribed by Law.

Vol. B Page 117

      Be it Remembered that on Monday the 7th day of November 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 said County and State for Probate matters. Present Hon. J. W. 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.

      The application of Pedro Eznal who was temporary Administratior to be appointed permanent Administrator coming on to be heard and it appearing to the Court that the law had been   complied with said Pedro Eznal is appointed permanent Administrator upon giving bond in compliance with the Statutes and filing an Inventory.

      To the Hon. County Court in and for said County, Your Petitioner, Acencion Roach, shows to the Court that she resides in Duval County Texas, that on the 15 day of June A. D. 1892, Charles Roach, who at and before his death, had his domicile in the County of Duval aforesaid, died in the said County of Duval. That at the time of his death the said Charles Roach was seized and possessed of Real and personal property of the probable value of Three thousand one hundred Dollars, and left a written Will, duly executed and herewith filed, in which your petitioner was appointed Executrix. That your Petitioner is not disqualified by law from accepting letters testamentary. Therefor your petitioner prays that Citation be issued to all for parties interested in said Estate as required by law, that said Will be admitted to Probate, that Letters Testamentary be issued to your petitioner, and that such other and further orders be made as to the Court may seem proper.

                                                         Acencion Roach

Vol. B Page 118

Notice in Probate

      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 should 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 Charles Roach deceased Acencion Roach, has filed in the Cjounty Court of Duval County an application for the Probated of the last Will and Testament of Charles Roach, deceased. Estate of said Charles Roach deceased of which will be at the next regular term of the Hon Probate Court of Duvall County, Texas the first Monday being the 7th day of November 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 see proper. Therein fail not under penalty of Law, and of this work make return. Issued the 24th day of October A. D. 1892.

      Witness Wm. A. Tinney Clerk of said Court and the seal thereof at office in the Town of San Diego, the 24th day of October A. D. 1892.
                                                        Wm. A. Tinney Clerk  C. C. Duval County
                                                                                    by R. Fishburne, Deputy

Order sect. No 77. In Probate County Court Estate of Charles Roach Deceased. Issued the 24th day of October A. D. 1892.
Wm. A. Tinney  County Clerk R. Fishburne Deputy
      Came to hand 24 day of October 1892, and executed 26 day of October 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 San Diego Hos. and one at Realitos. P.  P. and one at Benavides P. P. John Buckley sheriff of D. C. by N. C. Benavides Depy. sheriff. Returned and filed the 29 day of October 1892
                                                          Wm. A. Tinney, Clerk

      Know all men by these presents, That I, Charles Roach, of the County of Duval, and state of Texas, Being in good heath and of sound and disposing mind and memory, do make and publish this my last Will and

Vol. B Page 119

Testament, hereby revoking all wills by me at any time heretofore made.
First: I hereby declare that all the property that I am possessed and seized of both real and personal, or acquired during my second marriage and in consequence those of  my present wife Acension Roach is entitled to her community interest, therein at my demise.
Second. I direct that all my just debts shall be paid, by my executrix hereinafter named, as soon after my decease as shall by her be found convenient.
Third. I give and bequeath to my beloved children, all of my estate both real and personal that I may be seized of in manner and form as follows to wit: To my children by my first marriage, Rosa Ayres and Luisa Sanchez, jointly one fourth part of my said Estate and to children by second marriage , to wit Sarah Roach, Virginia Roach, Susana Roach, Carlolo(this may be Carlota) Roach, Polly Roach, Cecelia Roach, Norman Roach, Hayes Roach and Albert Roach, shall take one tenth part each of my said estate.
Fourth. I nominate and appoint my beloved wife Acencion Roach, to be my sole executrix of this my Will and direct that no security be required of her as such executrix.
Fifth. It is my will that no other action shall be had in any Court having either original or concurrent jurisdiction in the Administration of my Estate than to prove and Record this Will and to return an Inventory and appraisement of my Estate and list of Claims.
Sixth. It is my Will that my Executrix shall have Three years after my demise in which to make distribution and settlement with my Devises.
In Witness whereof I have hereunto set my hand this the 3rd day of December A. D. 1888 (One Thousand Eight Hundred and Eighty Eight) in the presence of Alfred Ridder and Otto Brandt who attest the same at my request
                                                                              Charles Roach

The above Instrument was now here subscribed by Charles Roach the testator in our presence, and was at his request and in his presence, sign our names hereto as attesting Witnesses.
                                                                               A. J. Ridder
                                                                               Otto Brandt

Filed Oct. 23rd, 1892. Wm. A. Tinney Clerk C. Court D. C. recorded Nov. 15th A. D. 1892 in Book B pages 118 & 119.  Wm. A. Tinney Clerk  C. C. D. C. Tex.

Vol. B Page 120

      Otto Brandt being sworn testified as follows.

Were you aquatinted with Charles Roach during his life time.
   I was
Was he married.     I suppose he was
Was he over 21 years of age     He was
Was he of sound mind    Yes, he was
Is he dead    I am so informed
Were you present and signed the Will now presented in Court as one of the attesting Witnesses
   I was, and saw him sign the same, heard it read and signed the same as attesting witness.
Where did Mr. Charles Roach the Dec'd reside
   In Duval County
You do not know that this Will has ever been revoked by the testator
   I do not
                                                       Otto Brandt

Sworn to and subscribed to me this 7th day of November A. D. 1892.
                            Wm. A. Tinney Clerk  C. C. Duval Co. Texas
Recorded November 10th A. D. 1892 in Book B Minutes of County Court Duval County on page 120.
                             Attest   Wm. A. Tinney, Clerk  C. D. Duval Co. Texas

      This day came on to be heard the petition of Acension Roach for the Probate of a certain instrument in Writing now produced in Court purporting and alleged to be the last Will and testament of Charles Roach deceased and the evidence, a statement of which is filed in this cause, being heard and fully considered by the Court.
      It is ordered, adjudged and decreed that said instrument in Writing is hereby admitted to Probate and record as the Last Will and testament of said Charles Roach dec'd and the testimony shall be recorded in the minutes of this Court.

      It is hereby ordered and decreed that William Hebbron, Rufus Lopez and John Gray, be and are hereby appointed appraisers, to appraise the Estate of the said Charles Roach, Dec'd, said appraisement to be returned, within the time prescribed by law.

Vol. B Page 121

      In the matter of the Administration of the above estate of Mrs. C. J.l Dix, Dec'd. It is now hereby the Court ordered and decreed that administration of said Estate be granted and it is further ordered and decreed by the Court that George Bodet be and is hereby appointed permanent Administratior of said Estate of Mrs. C. J. Dix, dec'd and that he receive letters of Administration therein upon his filing with the Clerk. of this Court a good and sufficient Bond as such administrator in the sum of Forty one Thousand Two hundred and ninety six Dollars ($41,296.00)  and his taking the oath as such administrator.

      Court now took recess until November 10th 1892.
      Thursday November 10th 1892. Court met this 9 A.M. present as before.

      In this Cause. It is ordered by the Court that the Administrator sell so much of the personal property and no more, as shall be sufficient to pay the costs of Administration incurred and the debts due by the Estate which have been allowed.

      To the Hon. J. W. Moses County Judge Duval County Texas. Your petitioner George Bodet shows to the Court that he resides in said Duval County, that on the 8th day of September A.D. 1892, Mrs. C. J. Dix, who at and before her death, had her domicile in the County of Duval aforesaid, died intestate in said County.
      That at the time of her death, the said Mrs. C. J. Dix, was possessed and seized of real and personal property of the probable value of Nineteen Thousand five hundred Dollars.
      That there is a necessity for an administration on the Estate of the said Mrs. C. J.l Dix. Therefore your Petitioners prays to be appointed Temporary Administrator of said Estate, that appraisers be appointed, and that such further orders be made as to the court may seem proper.
                                                                                   Geo. Bodet

      It having

Vol. B Page 122

been shown to me that Mrs. C. J. Dix, a resident of the County of Duval, Dec'd in said County on the 8th day of September A.D. 1892 having an Estate consisting  of real and personal property of the estimated value of nineteen thousand five hundred dollars and that the interests of said Estate require the immediate appointment of an administrator. It is ordered that George Bodet be and is hereby appointed temporary administrator of the Estate of said Mrs. C. J. Dix, Deceased, with authority to take possession of all property of said Estate, and to do and perform all such acts as may be necessary for the preservation of said Estate. It is further ordered that the said George Bodet give Bond in the sum of nineteen thousand five hundred dollars and take the oath as required by law. That this order shall be recorded in the Probate Minutes of the County Court of said County and this appointment shall cease to be in force on the day originated for taking up Probate Business, at the First Term of the County Court of said County held next after the date of this order.

                                                                   J. W. Moses
                                                                   County Judge Duval County Texas

Endorsed No. 72. Estate of Mrs. C. J. Dix, Deceased. application of Geo. Bodet for appointment as Temporary Administrator and order of Court. Filed May 20, 1892

                                                                     Wm. A. Tinney Clerk  C. C. D. C.

      I, Wm. A. Tinney, Clerk of the County Court of Duval County, Texas, do hereby certify that on the 31st day of May 1892 George Bodet was duly appointed by said Court Administrator pro tem of the Estate of Mrs. C. J. Dix, deceased and that he qualified as such on the 31st of May 1892 as the law requires.
      Witness my hand and seal of office, at San Diego this 6th day of June 1892.
                         Wm. A. Tinney Clerk County Court Duval County Texas

Endorsed No. 72. Estate of Mrs. C. J. Dix. Letters of Administration Pro tem to Geo. Bodet. Issued the 6th day of June 1892
                          Wm. A. Tinney Clerk County Court Duval County

      At a previous day in Vacation, to wit

Vol. B Page 123

the 30th day of May A.D. 1892. Mr. Geo. Bodet, having on his application been appointed temporary administrator of the Estate of Mrs. C. J. Dix, Deceased, and having filed the requisite Bond. It is hereby ordered that the following parties be and are hereby appointed appraisers of said Estate to wit. F. C. Gravis, J. W. Shaw and Charles H. Weidenmueller to inventory and appraise all real and personal property of said Deceased and return said appraisement unto Court before the next regular term according to law.
      Given under my hand and seal of the County Court of Duval County, Texas. Day and date first above matters.
                                                                         J. W. Moses County Judge Duval County Texas

Endorsed No. 72. Estate of C. J. Dix, Deceased. Geo. Bodet Temporary Ad. appointment of Appraisers. Filed June 31 1892  Wm. A. Tinney Clerk C. C. D. C. Tex.

      Know all men by these present, That one George Bodet as Principal, and N. G. Collins and Charles Hoffman as sureties are held and firmly bound unto the County Judge of the Cjounty of Duval and his successors in office, in the sum of Nineteen Thousand Five hundred Dollars, conditioned, that the above bonded George Bodet, who has been appointed temporary administrator of the Estate of Mrs. C. J. Dix, Deceased shall well and duly perform all the duties required of him under said appointment.

                                                                                       Geo. Bodet
                                                                                        N. G. Collins
                                                                                        Chas. Hoffman

The above Bond approved the 31st day of May A. D. 1892
                                                                          J. W. Moses, County Judge, Duval County, Texas

                                                                         Oath

I do solemnly swear that, so far as I know or believe and that I will and truly perform all the duties of temporary Administrator of the Estate of said Mrs. C. J. Dix, Deceased
                                                                           Geo. Bodet

Sworn to and subscribed before me this 31st day of May 1892.
                                                                             Philip A. Bodet Notary Public

      Before me Phil. A. Bodet, a Notary Public in and for Duval County Texas, on this day personally appeared George Bodet and N. G. Collins, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed.

Vol. B Page 124

Given under my hand and seal of office this 30th day of May A. D. 1892
                                                                  Philip A. Bodet Notary Public Duval County Texas

      Before me Philip A. Bodet, a Notary Public, in and for Duval County Texas, on this day personally appeared Charles Huffman known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 30th day of May A. D. 1892.

                                                        Philip A. Bodet Notary Public

Endorsed No. 72. In the County Court of Duval County. Estate of Mrs. C. J. Dix, Deceased. Bond and oath of George Bodet as administrator. Filed 6th day of June A. D. 1892 Wm. A. Tinney County Clerk Duval County.
Recorded Nov. 11th 1892 in Book B Minutes of County Court pages 123 & 124.

                                                          Wm. A. Tinney Clerk C. C. D. Co. Texas

No. 72
Inventory of the Property Belonging to the Estate of Mrs. C. J. Dix Dec'd
September 8th 1892

Vol. B Page 125

We the undersigned appraisers, solemnly swear that the foregoing is a full and fair appraisement of the Estate of Mrs. C. J. Dix Deceased, produced before us by George Bodet Temporary Administrator of said Estate.
                                                                                Frank C. Gravis
                                                                                J. W. Shaw

Sworn to and subscribed to before me this 30th day of May A. d. 1892
                                                                                James O. Luby Notary Public Duval County Texas

List of Claims

I, George Bodet, do solemnly swear that the foregoing Inventory and list of Claims, is a full and complete Inventory and list of property and Claims of Mrs. C. J. Dix, Deceased that have come to my knowledge.
                                                                                                Geo. Bodet Temporary Administrator

Sworn to and subscribed  before me this 1st day of June A. D. 1892
                                                                                   James O. Luby Notary Public Duval Co. Texas

Endorsed No. 72 Inventory of Estate of Mrs. C. J. Dix. Filed August 1st 1892
  Wm. A. Tinney Clerk C. C. D. C. Texas
Recorded November 11th A. D. 1892 in Book B Minutes of the County Court Duval County on pages 124 & 125.
  Attest  Wm. A. Tinney  Clerk   Co. Cl. Duval County Texas

      To the Hon. J. W. Moses, County Judge of Duval County Texas.
Your Petitioner shows to the Court that he resides in San Diego in said County and State, that on the 8th day of September A. D. 1890, Mrs. C. J. Dix, who at and before her death, had her domicile in the County of Duval aforesaid, died in said County intestate. That at the time of her death the said Mrs. C. J. Dix was possessed and seized of real and personal property of the probable value of nineteen thousand five hundred dollars. That there is a necessity for an administrator upon the Estate of the said Mrs. C. J. Dix, who at the time of her death was indebted to the firm of F. Gueyden Co. of San Diego Duval County Texas in the sum of one hundred & ninety  .99/100 dollars. Applicant further shows the Court that he is lawful age and not disqualified by law to act as Administrator of said Estate. Therefor petitioner prays that Citation be issued to all parties interested in said Estate, as required by law, that letters of Administration issued to your petitioner, and that such other and further orders be made as to the Court may seem proper.

Recorded November 11th A. D. 1872 in Book B Minutes of the County Court of Duval County on page 125.
                                                          Wm. A. Tinney Clerk  C. C. D. C. Texas

Continued on page 12

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