Duval County Court Minutes (Probate matters)

1887-1894

Volume B

Page 15

Index of names

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Vol. B Page 166

      Be it Remembered that on Monday August 7th A. D. 1893, there was begun and holden in the Town of San Diego, at the Court House thereof in the Town of San Diego a Regular Term of the Hon. County Court, in and for said County for Cin't. and Criminal Matters. Hon. S. H. Woods County Judge, thereof Presiding, and there was present in addition thereto

and there was present the following Members of the Bar, Jas. O.  Luby, Geo. B. Hufford and Bethel Coopwood, Jr.
The Court was declared open by proclamation of the Sheriff at the Court House door.
      The Court then set Wednesday August 9t5h 1893 as the time for  taking up Probate Matters.
      Wednesday August 9th 1893. Court met this 9 o'clock a. M. present as before.

      It appearing to the satisfaction of the Court upon Application of Frederica Henry, duly made for letters of Administration to be granted to her at the present time, upon the Estate of Paul Henry, late resident Citizen of Duval County , deceased, that notice thereof has been given as the law directs and it further appearing to the Court that the said Paul Henry died intestate, leaving within the Jurisdiction of this Court an Estate by him owned and possessed at the time of his death and that no cause has been shown why the application of Frederica Henry should not be granted.
It is therefore ordered by the Court that letters of Administration upon the Estate of said Paul Henry, deceased, be granted to the said Frederica Henry, upon her taking the required oath and giving bond according to law.

   To the Hon. S. H. Woods Judge of said Court

      The petition of Frederica Henry respectfully shows

Vol. B Page 167

I.  That your petitioner is the surviving wife and widow of Paul Henry, deceased, late of said County of Duval and _________? since the decease of her said husband has been living in their Homestead in said County, consisting of a dwelling, storehouse and other outhouses on lots 7 to 9 in Block 49 in the Town of San Diego owned by her and her said deceased husband as their community property at the time of his death.
II.  That her said husband departed this life about the 9th day of June 1893 intestate leaving your petitioner as his surviving widow, and there minor children as legitimate issue of their marriage to Wit; Herbert A. Henry, age fourteen years, Lilly C. Henry age eleven years, and Leon L. Henry age ten years, all living with your said petitioner in said Homestead.
III.  That heitherly no order of this Court has been made or entered upon, the minutes thereof, setting apart for the use and benefit of your petitioner and her said three minor children, all such property of the Estate of her said deceased husband as may be exempt from Execution or forced sale by the Constitution and laws of the State of Texas.
IV.  That no allowance has yet been made by this Court for the support of your petitioner and the said three minor children of the said deceased.
      Wherefore your petitioner prays that the homestead and all other property of said estate exempt from execution or forced sale by the constitution and laws of the State of Texas, be set apart for the use and benefit of your petitioner and her said three minor children and that an allowance be made out of said Estate for the support of your petitioner and her said three minor children for one year as provided by law.

Coopwood & Coopwood
Attys. for Petitioner

Endorsed - No. 80. Matter of the Estate of Paul Henry deceased.
Petition of Widow, to sit apart homestead out of said estate and for one year allowance for her and three minor children. Filed August 7th A. D. 1893  Wm. A. Tinney Clerk C. C. D. C. Texas

      Note at this day the application of Frederica Henry, surviving wife of said deceased, for an order setting aside to her one years allowance out of said Estate for the support of her and her three minor children coming on to be heard

Vol. B. Page 168

and the Court having heard the same and evidence introduced in support thereof finds that Nine hundred Dollars is a just and reasonable sum to be allowed out of said estate for the support of said Widow and three minor children, and it is therefore considered and ordered by the Court that there be and there is hereby allowed to said Widow, for one years support of herself and the said three minor Children, the sum of nine hundred dollars out of said estate, and it is further ordered that the Federica Henry, Administrator of said estate be and she is hereby required to set apart and take as such allowance the said sum of nine hundred dollars out of any money in her hand belonging to said estate, and if there is no money belonging to said estate in her hands then that she take personal property of said Estate, which may suit her, in lieu of said sum, so allowed to her and her children, at the appraisement value.

      The Petition of Frederica Henry surviving widow of Paul Henry deceased, coming on to be heard this day, to gave the homestead, and all property exempt from force sale by the Constitution and laws of Texas, set apart out of the Estate of Paul Henry, deceased, for the use and benefit of her and the minor Children to Wit: Herbert A. Henry, Lilly C. Henry and Leon L.l Henry. It is ordered by the Court, that the Administratrix Frederica Henry set apart out of said Estate, for the use and benefit of her and said minor children
1.  The homestead being lots 7 to 9 in block 49, in San Diego Teas with all improvements thereon.
2.  All household and kitchen furniture.
3.  Any lot or lots in a cemetery, held for the purpose of sepulture.
4.  All tools, apparatus and books belonging to any trade or profession.
6.  The family library and all family portraits and pictures.
7.  five milk cows and their calves.
8.  Two horses and one wagon.
9.  Two yoke of work oxen, with necessary yokes and chains.
10.  One carriage or buggy.
11. One gun
12.  Twenty hogs, valued $2. per head.
13.  Twenty head of sheep valued at $1. per head.

Vol. B Page 169

14.  All saddles bridles and harness necessary for the use of the family.
15.  All provision and forage on hand for home consumption.
       And it is further ordered by the Court that if any of the above mentioned exempt property should not be found in said Estate, then said Administratrix shall pay the value of said property to said Widow in money, out of the funds of said Estate that may come to her hands or with other personal property of the Estate which she may chose to take at the appraised value.

                                                             Thursday August 10th A. D. 1893

      Now comes J. J. Dix, and represents to the Court that he is a creditor of said Estate, that at the May Term A. D. 1893 of this Honorable Court he submitted for the approval and classification by this Court a certain claim against said Estate for the total sum on One thousand two Hundred and twelve Dollars and ninety five cents, and said claim was approved and classified by the Court as of the First Class and numbered Four, and there as in said account the item of six hundred and twelve dollars and ninety five cents was and is for cash advanced by one as expenses attendant on the Care of the Estate herein.
     Therefore your petitioner would ask that the so much of said account No. 4 including said amount of Six Hundred and twelve Dollars and ninety five cents be re-classified and now closed as Class Three.

                                                                                      John J. Dix

Endorsed No. 72. Estate of C. J. Dix, deceased. Application of J. J. Dix for reclassification of a part of Claims No. 4 against said Estate.
Filed August 9th 1893  Wm. A. Tinney, Clerk C. C. D. C. Texas

Thursday August 10th A. D. 1893

      The application of J. J. Dix, one of the creditors of the said Estate for the reclassification of the terms of Six Hundred and twelve Dollars and Ninety five cents in a certain Claim heretofore filed by him against the said Estate and approved and Classified at the May Term A. D. 1893 of this Court as of Class fourth and whereas it appearing to the Court that said item prayed to be reclassified is for money advanced by the said J. J. Dix, for the benefit of said Estate, and should have been classified as of a claim of the third class. Therefore it is ordered, adjudged and decreed by the Court that said item of six hundred and twelve dollars and ninety five cents in said account No. 4 and is hereby classified as a claim against the said Estate as of the Third class and this court

Vol. B Page 170

      I, S. H. Woods, Judge of the Court of said County, upon examination of the following claims against the said Estate appended hereto to Wit:
No. 6.  Account of J. J. Dix, for funeral expenses.
No. 7.  Account of N. C. Collins, for monies advanced for the benefit of the estate.
No. 8.  A. C. Collins has notes of Mrs. C. J. Dix aggregating the sum of $1555.68.
No. 9  Account of Croft & Co. for merchandise furnished Mrs. C. J. Dix, Deceased.
      And finding that said accounts have been duly authenticated as required by law and allowed by the lawfully constituted Administrator of said Estate as valid claims against the estate of C. J. Dix, deceased, in favor of the said J. J. Dix, N. G. Collins and Croft & Co. and perceiving no error therein, do hereby approve the allowance of said claims, and that the same be classed as follows, to Wit; Claim No. 8 as third class No. 6 as Third class, and claims No. 7 & 8 as fourth class.

      I, S. H. Woods, Judge of the County Court of said County upon examination of the following claims against the said Estate appended hereto, to Wit:
No. 4 Account of C. L. Coyner              $62.64
      And finding that said account has been duly authenticated as required by law, and allowed by the lawfully constituted Administrator of said estate as valid claims against the Estate of Thomas Henderson, deceased, in favor of the said C. L. Coyner and perceiving no error therein do hereby approve the allowance of said claim and that the same be claimed as a 2nd Class Claim.
      The foregoing minuets having been read in open Court are now approved. Court now took recess until next term in Course.

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

Vol. B Page 171

      Frederica Henry, deceased, having filed her petition for an order to sell seventy five head of horse stock, or as much thereof as may be necessary to pay off a balance of one hundred and fifty six dollars of a mortgage, which Gust, Hay & Co. of Galveston Texas, have on said horsestock, it is ordered by the Court, that said administrator sell said horsestock or so much as may be necessary to pay said balance of said mortgage at public or private sale.
There being no further business Court now adjourned until next Term in Cause.

Attest  Wm. A. Tinney                                    S. H. Woods
    Clerk C. C. D. C. Texas                                       County Judge Duval Co. Texas

      Be it hereby remembered that on November 6th A. D. 1893 there was begun and holden a regular Term of the County Court in and for Duval County Texas, at the Court house thereof in the Town of San Diego, said County. The Hon. S. H. Woods County Judge thereof Presiding, and there was present in Addition thereto

and the following visiting and resident members of the Bar. Bethel Coopwood Sr., Jas. O. Luby Bethel Coopwood Jr. George B. Hufford.
      The Probate Business was set for Wednesday the 8th day of November.

      In the matter of the application for letters of Administration upon the Estate of David Chapa Deceased George Gullett for whom the application was made withdraws and declines to further prosecute this matter and the same is dismissed.

Wednesday November 8th 1893. Court met this 9 o'clock a. m. present as before.

      Comes George Bodet, Administrator of said Estate and asks the Court leave to amend his endorsements of 'presented  to and approved' by this Court to Wit:
First  Claim No. 1  F. Gueydan by inserting date of presentation and allowance.
Second  Claim No. 2  F. Gueydan & Co. by "inserting presented and allowed
Third  Claim No. 3.  S. G. Dickinson by inserting "Presented and allowed"
Fourth  Claim No. 4  John J. Dix by inserting "Presented and allowed"
Fifth.  Claim No. 5  Jose Vaello by inserting "Presented and allowed"

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Sixth.  Claim No. 6  John J. Dix by inserting "Presented and allowed"
Seventh  Claim No. 7  N. G. Collins by inserting "Presented and allowed"
Eighth  Claim No. 8  N. C. Collins by inserting "Presented and allowed"
Ninth  Claim No. 9  Croft & Co. by inserting "Presented and allowed"

j     That the following claims against said estate heretofore allowed and approved be reclassified as follows, to wit:
Claim No. 1  F. Gueydan & Co. as a claim of the 2nd class
Claim No 4  J. J. Dix, the item of $6`12.95 money advanced by said Don. for the benefit of said Estate, as a claim of the 2nd class
Claim No 6  J. J. Dix  Funeral expenses and expenses of last sickness of Mrs. C. J. Dix, deceased, as a claim of the 1st class
Claim No 7  N. G. Collins. Monies advanced for the care and preservation of the Estate, as a class of the 2nd class
                                                     George Bodet
                                                     Administrator of the Estate of Mrs. C. J. Dix, deceased
                                                     By his Attorney  James O.  Luby

      The application of George Bodet Administrator of the Estate of Mrs. C. J. Dix, deceased, coming on to be heard, and after due consideration of the same, It is hereby ordered adjudged and decreed by the Court that the said Administrator, be allowed to make the necessary amendments as applied for and that the claims set out in said application for reclassification heretofore allowed as valid and substituting claims against said Estate be and are hereby classed as follows to Wit:

Claim No. 1  F. Gueydan & Co. as a claim of the 2nd Class
Claim No. 4  J. J. Dix the item of $612.95 for money advanced by said Dix for the benefit of said Estate, as a claim of the 2nd Class
Claim No. 6  J. J. Dix funeral expenses and expenses of last sickness of Mrs. C. J. Dix, deceased, as a claim of the 1st Class
Claim No. 7  N.G. Collins  Money advanced for the care and preservation of the Estate, as a claim of the 2nd Class, and that the application and order herein be spread upon the minutes of this Court.

      The following claims against said Estate of examination and approval to Wit:
Claim No. 10 of the Equitable Mortgage Co. of Kansas City, Mo. to the amount of one first mortgage: Bond, dated March 1, 1889, due March 1st 1894 for

Vol. B Page 174

$925.00 with interest on same at the rate of six per cent per annum since March 1st 1893 until due and if not paid at maturity, there to bear interest at the rate of twelve per cent per annum payable semiannually and which is endorsed by Deed of Trust dated 1st March 1884 made executed and delivered by Mrs. C. J. Dix deceased to S. M. Finley trustee for the said Equitable Mortgage Co. and a record in Book J pages 55/91 in the records of Mortgages Duval County Texas.
Claim No. 11 of the Equitable Mortgage Co. of Kansas City Mo. to the amount of one first Mortgage Bond dated August 1 1888 due August 1st 1893, for $3,400.00, with interest at the rate of six per cent per annum from August 1st 1892 to August 1st 1893 amounting to $204.00 being a total amount due August 1st 1893 of $3602.00 on this claim with interest at the rate of twelve per cent per annum from August 1st 1893 until paid semiannually, and which is endorsed by Deed of Trust dated August 1st 1888 made executed and delivered by Mrs. C. J. Dix deceased to S. M. Finley Trustee of the Equitable Mortgage Co. and of record Book J pages 61/68 in the records of Mortgages of Duval Cjounty, Texas.
And finding that said accounts have been duly authenticated as required by  law, and allowed by the lawfully constituted administrator of said Estate, as Valid Claims against the Estate of the said C. J. Dix, deceased, in favor of the said Equitable Mortgage Co. of Kansas City Mo. and perceiving no error therein, do hereby approve the allowances of said claims, and that they be severally classed as claims of the third class.

      The following claims against said Estate presented for examination, to Wit:
Claim No 1.  L. B. Wright & Co. $12.00 for medicine approved as first class
Claim No 2.  Dr. J. M. Gonzales $250.00 for medical services approved as first class
Claim No 3.  E. E. Dennery $$10.00 for five days services as appraised approved as second class
Claim No 4.  Croft & Co. $42.50 for coffin & box approved as first class
Claim No 5.  A. Becher $8.00 for serving as appraiser 4 days approved as second class
Claim No 6,  J. W. Shaw for Hack & Wagon for funeral $4.00 approved first class
Claim No 7,  F. Zambrano $34.00 for twelve days services as appraiser approved as second class
Claim No 8.  E. Mendes $5.00 for eight and a half days work as nurse approved as first class

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Claim No 9.  Julius Henry $25.00 for hearse and funeral expenses at Corpus Christ approved as first class
Claim No 10.  D. M. Osburn & Co. two notes, one for $119.20 with credits to the amount of 16.00 of date Oct. 17th 1891, due 1st day of May 1892, with interest at 8% from date until paid signed by Paul Henry, and one for $45.50 of date Oct. 12th 1892, due Oct. 1st 1893 with interest at 10% per annum from maturity, signed by Paul Henry. The first note is approved for balance due on it being $59.00 and interest on same from April 10th 1893 at 5% per annum. Second not approved for $45.00 with 10% per annum from maturity, both class four
Claim No 11. Sass & Cohen, note of date Oct. 10th 1891, due Feb. 1st 1893 for $603.35 with 10% per annum from maturity until paid, signed by Paul Henry, same having a Credit of $16.65 approved for $440.50 balance due with 10% interest from March 25th 1893. Third Class
Claim No 12.  Moore McKinney & Co.. Judgement is against Paul Henry for $107.85 . With 10% from 30th day of April 1893. Third Class
Claim No 13.  The San Antonio Drug Co. said claim is approved as allowed $17.26 first class and $20.38 of said claim, as third class
Claim No. 14  Francis Smith & Co. (Agents of Alliance Trust Co. Limited) for one note of $5000.00 dated April 9th 1891, due on 1st of Oct. 1892 with 12% interest per annum after maturity, until paid, said note payable to Francis Smith & Co. signed by Paul Henry and seven interest notes for $450 each all dated 9th of April 1891, one due on the 1st day of Oct. 1892, and one falling due on the 1st day of Oct. each year thereafter, until 1st of Oct. 1893 all of said interest notes having interest at 12% per annum after maturity said notes are secured by a deed of Trust made to Henry P. Dwight signed by Paul Henry, said Deed of Trust being of record in Book J pages 333 to 340 of the records of Duval County. This claim approved as third class
Finding upon examination of the foregoing claims that they have been authenticated as required by law and allowed by the administratrix as valid claims against said Estate of Paul Henry Deceased, and perceiving no errors therein, I do hereby approve the allowances made as aforesaid and have classed said claims as specified in this order this 8th day of Nov. 1893.

      I, S. H. Woods Judge of the County Court of Duval County, finding upon examination of the foregoing claims the same being for the different amounts herein specified, that it has been and authenticated as required by law and allowed by the lawful constituted authority as Valid Claims against the Estate of Paul Henry Deceased in favor of the within so

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named parties and perceiving no error therein, do hereby approve the allowances foresaid. Classing said claims as are classed in the within claims this the 8th day of Nov. 1893.

                                                                    S. H. Woods County Judge of Duval County

There being no further Business Court now adjourned unit next term in Course.
Attest  Wm. A. Tinney                                                  S. H. Woods
   Clerk C. C. Duval Co. Texas                                         Co. Judge Duval Co. Tex.

Vol. B Page 177

      Be it hereby Remembered that on Monday the 5th day of February A. D. 1894, there was begun and holden a Regular Term of the County , in and for Duval County Texas at the Court House thereof in the Town of San Diego, in said County, for Court and Criminal Business. Hon. S. H. Woods County Judge presiding and there was present in addition thereto

and the following resident members of the Bar. Jas. O. Luby, Geo. B. Hufford & Bethel Coopwood Jr.
      The Court was declared open by proclamation of the sheriff at the Court House Door.
      The Court then set Wednesday February 7th 1894 as the time for taking up Probate Business.

Thursday Febry. 8th A. D. 1894. There being no further Business Court now adjourned until next Term in Course.

Attest   Wm. A. Tinney                                        S. H. Woods
      Clerk C. C. Duval Co. Texas                              Co. Judge Duval Co. Tex.

      Be it hereby Remembered that on Monday May 7 A. D. 1894 , there was begun and holden a Regular Term of the County Court in and for said county for Civil and Criminal Business at the Court House thereof, in San Diego Duval County. The Hon. S. H. Woods County Judge presiding and there was present in addition thereto

and the following visiting and resident members of Bar Maj. Bethel Coopwood,  Geo. B. Hufford J. O. Luby, Bethel Coopwood, Jr.
      The Court was declared open by proclamation of the sheriff at the Court Hose Door.
      The Court then set Wednesday May 9th, 1894 as the day for taking up the Probate Docket.

      Wednesday May 9th A. D. 1894. The Probate Docket was taken up and the following orders entered.

Ordered Citation issued to Guardian to file annual report.

That Citation issue to Administrator to file annual exhibit

That Citation issue to Administratrix to file annual exhibit.

      It appearing to the Court that the Claim of Mensing Bros & Co. against said

Vol. B Page 179

Estate, the same being an account for Five Hundred and thirty seven dollars and ninety seven cents, dated September 12th 1893, has been duly authenticated as required by law and allowed by the administratrix of said Estate, as a valid claim against said Estate, the full amount thereof, in favor of Mensing Bros & Co. and perceiving no error therein, it is ordered by the Court that the allowance thereof as aforesaid be and it is hereby approved and this order having been make on the 8th day of February, 1894. It is ordered to be entered now for then.

      It appearing to the Court by the application of Frederika Henry, Administratrix of said Estate for an order to sell lots Three, Four, Five and Six in Block one Hundred and twenty three of the Town of San Diego in Duval County, belonging to said estate, and all of the dry goods and farming implements in the possession of said administratrix belonging to said Estate, to pay debts of said Estate, that said application is in due form according to law, and that there is a necessity for making such sale, to pay debts, and it also appearing that notice of said application has been duly served, and that there is a Judgement here on said four lots duly and approved for the sum of $107.25 Dollars in favor of Moore McKenney & Co. now on file in this Court, owning the claims against said Estate, and that there is still unpaid a greater portion of the allowance made in favor of the Widow and Children of the deceased, and some first classed claims unpaid.
      It is therefore ordered by the Court that the said Frederika Henry, Administratrix as aforesaid   have leave to sell on the first Tuesday, being the fifth day of June, 1894, at the Door of the Court House of Duval County in San Diego at Public Auction, to the highest bidder for cash lots three four, five and six in block one hundred and twenty three in the Town of San Diego Duval County and apply the proceeds of such sale to the payment of the Judgement heir, and that she have leave to sell at private sale for cash Dry Goods and farming implements now in her possession belonging to her estate and that she therein comply with all the requirements of the Law.

Vol. B Page 180

      Now on this day the Exception of the Administratrix to the application of Francis W. Smith and N. P. Dwight for an order to sell certain real estate of said estate filed herein the 3rd day of April 1894. Coming on to be heard by the Court, came the applicants by their Counsel and the Administratrix by her Counsel, and the Court having heard such exception and the argument of Counsel thereon for both parties, and duly considered the same, the Court finds the law to be with the applicants as to the second, third, fourth and fifth grounds of said exception, and to be with the Administratrix as to the first, sixth and seventh grounds thereof.
      It is therefore considered and ordered by the Court, that the said second, third, fourth & fifth grounds of said exception be and the same are omitted, and it is further considered and ordered by the Court, that the first, sixth and seventh grounds of said exemption be and the same are hereby sustained, and that the said application be and it is hereby dismissed unless the applicants shall amend their application within one day, to which amendment leave of the Court, is hereby granted to which ruling and action of the Court in overruling the second, third, fourth and fifth grounds of said exception and as allowing the applicants to amend, the administratrix duly excepted in open Court at the time the same were so made and done.

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

      In the matter of the application of Francis W. Smith and H. P. Dwight for an order to sell certain Real Estate, the applicants not having filed their amendments herein within the time allowed by an order of the Court dismissing the application unless such amendment should be filed within one day. It is there fore ordered that such dismissal be and it is hereby made final and that the administratrix go hence without delay as to such application and recover the costs of this proceeding of the applicants.

Vol. B Page 181

      This cause the Judge deemed himself disqualified and the causes continued by operation of law.

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

Attest  Wm. A. Tinney                                                S. H. Woods
   Clerk C. C. D. C. Texas                                              Co. Judge Duval Co. Tex.

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