Duval County Court Minutes p 12

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Vol. B. Page 126

Notice in Probate

The State of Texas

} Filed 25th July 1892

To the Sheriff or any Constable of Duval County, Greeting,
You are 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 Mrs. J. Dix, Deceased. Geo. Bodet, has filed in the County Court of Duval County, an application for Letters of Administration upon the Estate of Mrs. C. J. Dix, Deceased, which will be heard at the next Regular Term of Probate Court of Duval County Texas to be held on the first Monday in August 1892 being August 1st 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.

      Herein fail not, under penalty of the law, and of this work make due return.
      Issued the 21st day of July 1892
      Witness Wm. A. Tinney, Clerk of said Court, and the seal thereof at office in the town of San Diego the 21st day of July 1892.
                                         Wm. A. Tinney Clerk C. C. Duval County

Endorsed No 72 In Duval County Court, Estate of Mrs. C. J. Dix, dec'd. Issued this 21st day of July A. D. 1892. Wm. A. Tinney County Clerk.

Came to hand 21st day of July 1892, and Executed 21st day of July 1892 by posting written notices of the writing, in three public places in said County, one of which was at the Court House Do;or, one at Benavides and one at Realitos.
John Buckley Sheriff by Teofilo Benavides, Deputy Sheriff.

Returned and filed this 25th day of July 1892
Recorded November 11th A. D. 1892 in Book B Minutes County Court, Duval County on page 125.
Attest Wm. A. Tinney Clerk C. C. D. C. Texas

No. 72
Order setting aside Homestead of	} Filed Nov. 11th 1892
John J. Dix Surviving husband	}

State of Texas	}
County of Duval	}

In the Estate of Mrs. C. J. Dix, Deceased
Be it known, that upon the request of John J. Dix, the surviving husband, of the aforesaid Mrs. C. J. Dix, deceased, and by the authority in me vested, and in accordance with law.
It is hereby ordered and decreed that the Homestead of John J. Dix and Cynthia J. Dix, now deceased, being the Tract of

Vol. B Page 127

land herein described. To wit (200) Two Hundred acres of land coming within the following metes and bounds.
Beginning at the N. E. Corner of survey No. 6 preoccupied by and Patented to Nepumecino Gutierrez in said County of Duval Texas. Thence East 225 varas for N. E. Corner of this Homestead. Thence South 1008 varas for S. E. Corner of this Homestead. Thence West 225 varas to the S. E. corner of said No. 6 survey, and West with the South Bdy line of said survey No. 6 to its South West Corner. Thence North with the West Bdy line of said survey No. 6 to its N. W. Corner. Thence East with the North Bdy line of the said Survey No. 6 to the place of Beginning. Together with all improvements thereon, or in any wise appertaining, thereto, be set aside for the sole use and benefit of the afore mentioned John J. Dix, as the surviving husband of the aforementioned Mrs. Cynthia J. Dix, deceased, during his lifetime, or until such time as he shall voluntarily release or abandon the same, and it is so ordered and decreed.
J. W. Moses Co. Judge and Judge of Probate
Saturday Nov. 12th A. D. 1892

No. 76	}
Estate of Thomas Henderson Dec'd	}

It is ordered by the County that Pedro Eznal Administrator of the Estate of Thomas Henderson Deceased proceed at once to sell the balance of said personal property at Public Sales to save Expenses and render the account of such sale, as soon as possible.

The State of Texas	}
County of Duval	}

Be it Remembered that on Monday February 6th A. D. 1893 there was begun and holden in the Town of San Diego aforesaid County a Regular term of the County Court in and for said County at the Court House thereof. The Hon. F. Garcia Tovar County Judge Presiding and there were present in addition thereto.

Wm. A. Tinney	County Clerk	Duval County
John Buckley	Sheriff	Duval County
C. L. Coyner	County Attorney	Duval County

J. O. Luby, S. H. Woods & G. B. Hufford residents members of the bar.

Court was declared open by proclamation of the sheriff at the Court House Door.

No. 77	}
Estate of Chas. Roach Dec'd	}

Comes Acencion Roach Executrix with the Will annexed of the Estate of Charles Roach deceased and shows the Court that on the 7th day of November A. D. 1892 Appraisers once appointed by this Hon. Court that the appraisers appointed at said term of Court have failed to return an Inventory and appraisement of said Estate within the time presented by law, and without any fault on the part of said executrix herein. Therefor she prays that these appraisers be appointed by your Honor to appraise said estate according to law and return an Inventory thereof in this Court within the time prescribed by law.

Ascension Roach Executrix of the Estate of Chas. Roach Dec'd with the Will annexed By the Atty. James O. Luby

No. 77
Estate of Charles Roach Deceased	}
Decision Roach Executrix	}

Whereas on the application of Acencion Roach Executrix with the Will annexed of said Estate, it appears that the appraisers appointed at a previous term of this Court have failed to appraise and return an Inventory of said Estate be required and within the time presented by law. The application for new appraisers is hereby granted. It is therefore

Vol. B Page 129

ordered, adjudged and decreed by the Court that Messrs. Rory Downs, John Gray and William Hebbron, be and are hereby appointed appraisers of said Estate, and that the appraisement and Inventory of said Estate be returned within the time prescribed by law.

F. Garcia Tovar Co. Judge Duval Co. Texas

Endorsed No. 72 Estate of Chas. Roach dec'd. Application for appointment of appraisers. Filed Feby. 6th A. D. 1893
Wm. A. Tinney, Clerk C. C. D. C. Texas

Court now took recess until Tomorrow morning at 9 o'clock A. M.

Tuesday, February 7th A. D. 1893

No. 72
Estate of Mrs. C. J. Dix Deceased	} In Co. Court Duval County Texas
George Bodet Temporary Adr.	}

The undersigned Temporary Administrator of the Estate of Mrs. C. J. Dix, deceased would respectfully show that the following is a list of all the property that has come to my hands as temporary Administrator of said Estate to Wit.

Abst.	Scrip	Surv.		Acres	Value
no.	no.	no.	Original Grantee	no	$ cts.
328	5/202	1	Houston Tap & Bragona Ry Co	320	2.00 a.
329	5/202	1 1/2	Houston Tap & Bragona Ry Co	320	2.00 a.
249	31/184	81	Galveston, Houston & Henderson	640	2.00 a.
250	31/180	79	Galveston, Houston & Henderson	640	2.00 a.
548	342	247	Stone, Nyle & Nyle	640	2.00 a.
549	346	245	Stone, Nyle & Nyle	559	2.00 a.
550	340	243	Stone, Nyle & Nyle	640	2.00 a.
551	339	241	Stone, Nyle & Nyle	529	2.00 a.
590	1/42	255	Seale, Morris & Seale	640	2.00 a.
318	45	249	Hooper & Wade	640	2.00 a.
399	1/309	339	J. Portevent	640	2.00 a.
1194	2676	289	Gulf Colorado & Sante Fe	640	2.00 a.
175	340	4	Hrs. George Cumberland	1476	2.00 a.
618	Hold	42	Inez Vela	160	2.00 a.
504	Hold	16	Antonio Salinas	160	2.00 a.
662	Hold	6	Nepumecena Gutierrez	160	2.00 a.
615	Hold	25	Antonio Vela	160	2.00 a.
374	3	3	Hrs. George Pettigrew	160	2.00 a.

Vol. B. Page 130

298

279/418

Richard Hillard

170

2.00 a.

Total number of acres

9294

valued at $18,500.00

Personal	Property
28 Head of Horsestock no breed at	$260.00
400 Head of Cattle no breed at	1,600.00
1 Carriage, 1 cart, 1 wagon, all old	100.00
Total value of personal property	$2060.00

Total value as for Inventory of real and personal Estate. $20,648.50

No sales of property have been made. The Administrator pro tem confining himself solely under his appointment to the care of the Estate and presentation of the same, and in presence of which sundry expenses were encumbered, in which is fully set out and appended hereto marked Exhibit A and asked to be made a part hereof.
I, George Bodet, Temporary Administrator of the Estate of Mrs. C. J. Dix, deceased, do solemnly swear that the foregoing and Exhibit thereto is a complete list of all the property of said Estate which has come to my hands, that I have made no sales, and that a full exhibit and account of all my acts as said Administrator Pro tem of said Estates herein continued.

Geo. Bodet Ad. Pro tem
Estate of Mrs. C. J. Dix, Deceased

Sworn to and subscribed to before me the 7th day of November A. D. 1893

Exhibit A
San Diego, Texas February 6th 1893

Estate of Mrs. C. J. Dix	}
George Bodet Temporary Admin.	}

In account with F. Gueydan & Co.

Aug. 5 1892	To Cash Draft J. J. Dix for corn	4.15
Aug. 15 "	To Mdse. order J. J. Dix for C. Vela	10.00
Sept. 3 "	To Cash J. J. Dix for J Vaello	9.80
Sept. 3 "	To mdse. order J. J. Dix for C. Vela	21.66
Sept. 3 "	To mdse. J. J. for J. J. Dix	4.87
Sept. 5 "	To Cash J. J. Dix for T. Romano	3.25
Sept. 7 "	To mdse. 12.00 T. Niana 3.60 staples Ke?	15.60
Oct. 25 "	To cash order J. Vaello	10.85
Oct. 25 "	To mdse. order	23.51
Oct. 31 "	To cash J. J. Dix to J. W. Moses	10.50	$119.29

The State of Texas	}
County of Duval	}

Before me, James O. Luby, a Notary Public in and for Duval County, Texas in this personally appeared C. Tiblier, a member of the firm of F. Gueydan & Co. who being duly sworn says that the above and forgoing clauses against the Estate of Mrs. C. J. Dix, deceased is just and true and that all legal affects and debts known to affaint have been allowed.
F. Gueydan & Co. C. Tiblier

Sworn to and subscribed before me this 6th day of February A. D. 1893
James O. Luby Notary Public Duval Co. Texas

I hereby notify that the above was furnished for the purpose of receiving the same of Mrs. C. J. Dix, deceased.
Geo. Bodet Administrator

Endorsed No 72 Estate of Mrs. C. J. Dix Deceased List return Exhibit and account of Geo. Bodet, Temporary Adm. Filed Febry. 7th A. D. 1893. Wm. A. Tinney, Clerk C. C. D. C. Texas

No. 72
Estate of C. J. Dix, deceased	} Febry. 7th 1893

The List, return, Exhibit and account required to be made by George Bodet, Temporary administrator of said Estate having been filed, and after due Examination thereof by the Court. It is hereby in all things approved. And it further appearing to the Court that George Bodet has qualified as permanent administrator of said Estate. It is now ordered and decreed that such temporary administrator Forthwith deliver the Estate remaining in his hands or possession to the said George Bodet, the legally qualified Administrator of said Estate.

No. 72
Estate of Mrs. C. J. Dix Dec'd	}

      Whereas Letters of Administration upon the estate of Mrs. C. J. Dix, Deceased, were granted to the undersigned by the County Court of Duval County, on the 7th day of November A. D. 1892. All persons holding claims against said Estate are required to present the same within the time prescribed by Law.
       My residence and Post Office addresses
                    San Diego Duval County Texas
                                 Geo. Bodet
                                           Administrator of the Estate of Mrs. C. J. Dix, deceased

Vol. B Page 132

The State of Texas	}
County of Duval	}

I. George Bodet, Administrator of the Estate of Mrs. C. J. Dix, deceased, do hereby certify that the foregoing is a true copy of the notice in probate in said Estate posted by me on the Court House Door of said Duval County and that the original of said notice has been posted according to law.

Geo. Bodet Administrator
of the Estate of Mrs. C. J. Dix, deceased

Endorsed No 72 Estate of Mrs. C. J. Dix, dec'd. Copy and return of Notice in Probate. Filed Febry. 7th A. D. 1893.
Wm. A. Tinney Clerk C. C. D. C. Texas

No. 72
Estate of Mrs. C. J. Dix	} In County Court Duval County Texas
George Bodet, Administrator	} February Term A. D. 1893

To the Hon. Francisco Garcia Tovar
County Judge of Duval Co. Texas

Comes George Bodet, Administrator of the Estate of Mrs. C. J. Dix, deceased, and drepectfully represents that it will be to the interest of said Estate to sell certain personal property , thereto belonging, to wit: 28 head of Horsestock, 400 head of cattle, 1 carriage, 1 cart & 1 wagon said property being now at the Ranch of the said Mrs. C. J. Dix, deceased in the County of Duval Texas. And your Petitioner further represents that said property can not be utilized in carrying on the farm or any other business belonging to said Estate, but will become an expense thereto by keeping.
Wherefore your Petitioner prays that your Honor grant him an order of to sell said property.

Geo. Bodet, Administrator
of the Estate of Mrs. C. J. Dix Deceased

Endorsed No 72 Estate of Mrs. C. J.. Dix, Dec'd. Application of administrator Geo. Bodet, for order of sale for Personal property. Filed Febry. 7th A. D. 1893. Wm. A. Tinney Clerk C. C. D. C. Texas

No. 72	}
Estate of Mrs. C. J. Dix Deceased	} February 7th 1893
George Bodet, Administrator

It appearing to the Court from the application of George Bodet, Administrator of the Estate of Mrs. C. J. Dix, deceased, for leave to sell certain personal property belonging to said Estate, that it would be to the interest of said

Vol. B Page 133

Estate to sell the same.
      The said application is hereby granted and the following exceptions to wit; That one wagon and one pair of Horses and one carriage be reserved from sale, and it therefore ordered by the Court, that George Bodet, administrator as aforesaid, have leave to sell, at private sale on a credit of Thirty days the following personal property, to wit. Twenty six head of horsestock, Four Hundred head of cattle, and one cart. And it is further ordered, that said sale shall be made according to the full requirements of the Law, Notes with approved security taken and a due return of sale made to the Court as the Law directs.
                                                                    F. Garcia Tovar
                                                                    Co. Judge, Duvall Co. Texas

No. 53
Estate of Josefa Garcia Salinas, Et. al	} Continued
Felipe Salinas de Garcia Guardian	}

No. 58
Estate of Dolores Garcia Et al	} Continued
Carmen Trevi�o de Garcia Guardian	}

There being no further Business, Court adjourned until next Term in Course.

Attest Wm. A. Tinney F. Garcia Tovar
Clerk Co. Ct. Duval Co. Texas Co. Judge D. C.

Vol. B Page 134

No. 76
The State of Texas	}
County of Duval	}

Know all men by these present that we, Pedro Eznal as Principal and L. Levy and A. Becher as sureties are held and firmly bound unto the County Judge of Duval County and his successors in office in the sum of Seven Hundred ($700.00) Dollars, conditional that the above bound Pedro Eznal, who has been appointed Administrator Pro tem of the Estate of Thomas Henderson, Deceased, shall meet and duly perform all the duties required of him under said appointment.

                                                                                                Pedro Eznal
                                                                                                L. Levy
                                                                                                A. Becher

The above Bond approved the twenty second day of September A. D. 1892

J. W. Moses County Judge Duval County Texas

Oath

I do solemnly swear that Thomas Henderson (Dec'd) left no Will so far as I known or believe, and that I will truly perform all the duties of Administrator Pro tem of the Estate of said Thomas Henderson, Deceased.

Pedro Eznal

Sworn to and subscribed before me this 22 day of Sept 1892.

J. C. Cuellar Notary Public in and for Duval Co. Texas

Endorsed No 76 in the County Court of Duval County Estate of Thomas Henderson, Deceased. Bond and oath of Pedro Eznal as Administrator. Filed the 22nd day of September A. D. 1892.

Wm. A. Tinney County Clerk Duval Co.

No. 76
The State of Texas	} In Probate Court Duval Co. Texas
County of Duval	} November Term 1892
Estate of Tho. Henderson Dec'd	}
Pedro Eznal Tem. Admr.	} Application for Letters

To the Hon. J. W. Moses Co. Judge Duval Co. Texas

And now comes Pedro Eznal for M. Litchtenstein a creditor of said Estate by Atty. C. L. Coyner and shows to the Court.

That Pedro Eznal has been appointed temporary administrator of said Estate, qualified by giving Bond, approved by your Honor and taken the oath as required by Law and now applies to your Honor to be made permanent Administrator of said estate.

That Thos. Henderson departed this life Sept. 19th 1892 in Duval Co. Texas. That four years have not elapsed prior to the decease of said Henderson. That the Court has Jurisdiction of the Estate. That there is debts due by and to the Estate, to the amount of about four hundred dollars. That the Estate will pay all the debts if properly handled and not allowed to

Continued on page 13

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