Duval County Court Minutes ( Probate Matters)

1887-1894

Volume B

Page 2

Index of names

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Vol. B Page 13     

      In this cause application having been filed and Felipa Salinas de Garcia having been appointed Guardian of said minors and estate, Guadalupe Garcia, Encarnacion Yzaguirre & Francisco Flores are hereby appointed as appraisers of said Estate of said minors, and ordered to report at once.
      And now comes Felipa Salinas de Garcia guardian of the person and 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, and returns to this court an inventory of all the property, real and personal belonging to the estate of her said wards that has come to her knowledge, which she has caused to be appraised, and I Felipa Salinas de Garcia guardian of the Estate of said minors do solemnly swear that the inventory annexed hereto is a true and perfect inventory of all the property real and personal belonging to the said estate that has come to my knowledge.

Sworn and subscribed to before me this 12th day of Febry. 1887

                                                                                                 R. B. Glover
                                                                                                 D. C. C.  D. C. T.

Inventory and appraisement

(These figures don't add up to match the amount they have, but I have entered them exactly as they appear in the book)

      All of the above property being in Duval County, Texas, and held by said minor heirs in common with E. Garcia Perez, Severino Garcia Perez, Avelina Garcia Perez, Tomasa Garcia de Barrera, Francisco Garcia Salinas and Gorgoria Garcia de Garcia, who own the other undivided parts of Antonio Garcia Flores' interest or shares in the four actions above mentioned.

      Before me the undersigned authority; on this day personally appeared, Francisco Flores, Eucarnacion Yzaguirre and who being duly sworn, state on oath that the foregoing is a true and correct appraisement of the property belonging to the Estate on Jon Garcia Salinas, Victoria Garcia Salinas, Alberto Garcia Salinas, Gilberto Garcia Salinas, Napoleon Garcia Salinas, Gorgoria Garcia Salinas, Jacoba Garcia Salinas and Jesusa Garcia Salinas, minors according to the best of their information and belief.

                                                                                                     Francisca Flores
                                                                                                     Eu. Yzaguirre

Sworn to and subscribed before me this 12th day of Feby. 1887
                                                                                                     R. B. Glover
                                                                                                     C. C. C. D. C.

There being no further business before the Court, it was duly declared adjourned till next regular term in course.

Vol. B Page 15

Be it hereby remembered that on Thursday April 14th 1887 then was begun and holden in the town of San Diego Duval County Texas at the courthouse then of a special term of the Hon. County Court in and for aforesaid state and county, for the purpose of deciding the case of Lunacy of Andres Martinez, the Hon. James O. Luby county Judge presiding and there were present in addition Clerk of Duval county Texas R. B. Glover by J. W. Wright Deputy Clerk of  Duval County Texas
L. L. Wright Sheriff
Court was duly opened by proclamation of the sheriff at the Court house door.
The following case was then disposed of.

      This cause this day coming on to be heard cause Cha. L. Coyner County Attorney, for and in behalf of Plaintiff and defendant in person and by appointed counsel and announced ready for trial, whereupon  cause a Jury of six good and lawful men to wit: M. C. Spann, N. Peņa, L. Peņa, Otto Brandt, A. G. Tovar, and C. Loblier, who were duly tried, empanelled and sworn according to law and who after hearing defendants pleas of not guilty and the evidence and argument of counsel and receiving the instructions of the Court retired to consider of their verdict and afterwards to wit on the same day returned unto open court the following verdict to wit:

We the jury find the following verdict in the above styled case -
1st. Is Andres Martinez of unsound mind?
       We answer: Yes
2nd. If the defendant is of unsound mind is it necessary that he should be placed under restraint?
       We answer: Yes
3rd. If you answer both the foregoing questions in the application , then what is the age and nativity of the defendant?

Vol. B Page16

      We answer: About 25 years and a native of Mexico.
4th. How many attacks of insanity has he had and low long has the present attack existed?
      We answer: The 1st attack was April 1st 1887, and again on the 11th inst. and has continued from time to time since.
5th. Is insanity hereditary in the family of dependant or not?
     We answer: We cannot ascertain.
6th. Is the defendant possessed of any estate, and if so of what does it consist and its estimated value?
      We answer: Is not possessed of any estate.
7th. If the defendant is possessed of no estate are then any persons legally liable for his support? If Yea, name them.
      We answer: No

                                                                               M. C. Spann  - Foreman

      Wherefore it is considered by the Court that the defendant Andres Martinez is adjudged to be guilty of Insanity as charged in the complaint herein, it is therefore ordered adjudged and decreed by the court that defendant herein be taken to the county jail and therein safely kept until he can with all due dispatch be conveyed to the State Lunatic Asylum at Austin, Texas.

      There being no further business before the court, it was duly declared adjourned till next regular term in course attest.

                                                                                       James O. Luby
                                                                                       County Judge D. C. T.

Vol. B Page 17

      Be it remembered that on Monday May 2nd A. D. 1887, there was begun and holden in the town of San Diego Duval County Texas, at the courthouse thereof, a regular term of the Hon. County Court by and for said 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 Courthouse door.
Court then took a recess until four o'clock P. M. tomorrow, May 3rd  1887.
Court met this 4 P.M. Tuesday May 3rd 1887 and there were present same as yesterday. The docket was then taken up and the following disposition made thereof.

      To the Honorable County Court in and for said County:
       Your petitioner, Lizzie Steele Latta, shows to the court that she resides in San Diego Duval County Texas; that on the thirteenth day of March A. D. 1887, James D. Latta, who at and before his death, had his domicile in the County of Duval aforesaid, died in the said County of Duvall, That at the time of his death the said James D. Latta was seized and possessed of real and personal property of the probable value of thirty thousand ($30.000.00) 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 letter of testamentary.
       Wherefore your petitioner prays that citation be issued to all 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.

                                                                                                         Lizzie Steele Latta

Notice in Probate                                                                                                   

The State of Texas,
       To the sheriff or any constable of Duval County, Greetings;

Vol. B Page 18

       You are hereby commanded, to cause to be posted in three of the most public places in your county, on of which shall be at the Courthouse 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 James D. Latta, deceased Lizzie Steele Latta has filed in the County Court of Duval Count, an application for probate of will and for letters testamentary in the Estate of James D. Latta, deceased, which will be heard on the first Monday in May A. D. 1887, being the 2nd day of said month at the Court House thereof, in the town of San Diego, at which time all persons interested in said Estate may paper and contest said application, if they see proper.
       Herein fail not, under penalty of the law, and of this court make due return.
       Issued the 31st day of March 1887

      Came to hand 1st day of April 1887, and executed 4th day of April 1887, by posting written notices of the writing, in three public places in said County,one of which was at the Court House door, one at Benavides and one at Pena.

                                                                                        L. L. Wright  Sheriff
                                                                                        Duval County

       Know all men by these presents; that I, James D. Latta of the County of Duval and of sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking all wills by me at any time heretofore made.
       First, I direct that all my just debts and funeral charges, shall by my executrix herein after named, be paid out of my estate as soon after my decease as shall be found convenient.
       Second, I give and bequeath to my beloved wife, Lizzie Steele Latta, my insurance policy in the Texas Benevolent Association for the sum of five thousand dollars. And also to any and all interest that I may die seized or possessed of in and to each and every the following described landed properties lying being and situated

Vol. B Page 19

in the City of Glasgow, Scotland, known as the Cowcaddens property and the Buceleugh and Rose Street property. My interest in said property having been acquired by inheritance through the paternal line and consists of one third  part thereof. And furthermore hereby declare and make my aforesaid wife Lizzie Steele Latta my sole heir to each and every the property and insurance policy and proceeds thereof above described, and to any and all property both real and personal that I may die seized or possessed of, or that I might be entitled to other by will, devise, descent or otherwise at the time of my demise, wherever the said property may be situated especially in the United States of America and Kingdom of Great Britain.
       Third, I hereby nominate, constitute and appoint my beloved wife Lizzie Steele Latta, to be the sole executrix of this will, and direct that no security be required of her as such executrix.
       Fourth, It is my will that no other action shall be had in the County Court 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. It being the intention of the testator herein to prevent as much as possible the vexations delay of Chancery proceeding.
       In witness whereof I have hereunto set my hand this the tenth day of March A. D. 1877, in the presence of W. S. McNaughton and Frank Fenille who attest the same at my request.

                                                                                       James D. Latta

The above instrument was now  here subscribed by James D. Latta, the testator in our presence and we at his request, and in his presence sign our names hereto as attesting witnessed.

                                                                                        W. S. McNaughton
                                                                                         Frank Fenille

       On this the third day of May A. D. 1887, personally appeared in open court W. S. McNaughton, who being duly sworn, deposed and says, that on the tenth day of March A. D. 1887, he was present and saw James D. Latta sign the instrument filed in this court on the third first day of March A. D. 1887, and now shown to him bearing date on the tenth day of March A. D. 1887,  he was present and saw James D. Latta sign the instrument filed in this court on the thirty first day of March A. D. 1887, and now shown to him bearing date on the tenth day of March A. D. 1887, and purporting to be the last will of him the said James D. Latta and heard him publish and declare the same to be his last will and testament; that at the time of signing and publishing the same, the said James D. Latta was over twenty-one of age, and of sound mind, that this affiant and

Vol. B Page 20

Frank Fenille, who's signature appears on said instrument, both being over 14 years of age, on said tenth day of March A. D. 1887, did sign the same as witnesses in the presence and at the request of said testator, and in the presence of each other.
       That afterwards, on the 13th day of March A. D. 1887, said James D. Latta died in said county of Duval, in which he had his domicile at and before his death, and without having revoked said will, so far as known to affiant.

                                                                                 W. S. McNaughton

Sworn to and subscribed in open court before me this third day of May 1887.

                                                                                  R. B. Glover  Clerk
                                                                                  By J. W. Wright Deputy

This day came on to be heard the application of Lizzie Steele Latta for the probate of a written instrument purporting to be the last will and testament of James D. Latta, 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 by the court that the said last will and testament of James D. Latta, deceased, be admitted to Probate and record, as such, and the testimony shall be recorded in the minutes of this court, and that letters testamentary issues to the executrix.

       To the Honorable County Court of said County
       Juliana Guerra de Montalvo shows that she is the mother of Eustacio Montalvo, a boy age 12 years, (minor) residing in the county of Duval in the State of Texas; that the said minor is without any lawful guardian of his estate; that the aid minor is entitled to an estate in the state of Texas, county of Duval, of the estimated value of one thousand ($1,000.00) dollars, that the father of said minor is dead; that the said Juliana  Guerra de Montalvo has the custody of said minor, and resides in the County of Duval.
       Wherefore she prays that she be appointed guardian of the person and estate of said minor

Vol. B Page 21

Notice in Probate

The State of Texas
       To the sheriff or any constable of Duval County Texas, Greetings;
       You are hereby commanded to cause to be 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 person interested in the person & estate of Eustacio Montalvo. Juliana Guerra de Montalvo has filed in County Court of Duval County, an application for letters of guardianship of the person & estate of Eustacio Montalvo (minor) which will be heard on the first Monday in May 1887, being the second day of said month at the Court House thereof, in the town of San Diego, at which time all persons interested in said guardianship may appear and contest said application if the see proper.
       Herein fail not, under penalty of the law and of this court make due return.
       Issued the 20th day of April 1887
                                                                Witness, Rufus B. Glover, Clerk of said Court and the seal                                                                    thereof, at office in the town of San Diego the twentieth day of                                                                    April 1887
                                                                                                  R. B. Glover, Clerk C. C. Duval County
                                                                                                  By J. W. Wright Deputy

Came to hand 20th day of April 1887, and executed 21st day of April 1887 by posting written notices of the within, in three public places in said County, one of which at the Court House door, one at Benavides and one at Peņa.
                                                                                                   L. L. Wright  Sheriff  Duval

       This day came on to be heard the application of Juliana Guerra de Montalvo for letters of guardianship of the person and estate of Eustacio Montalvo, minor, and it appearing to the satisfaction of the court that notices were  posted in accordance with law, and that the said Juliana Guerra de Montalvo is not disqualified from receiving such letters of guardianship, It is therefore ordered adjudged and decreed that the said Juliana Guerra de Montalvo be appointed guardian of the person and estate of said minor, Eustacio Montalvo, and that upon here filing

Vol. B Page 22

a good and sufficient bond in the sum of ($2,000.00) two thousand dollars, letters of guardianship of the person and estate of said minor be issued to her.

       The court then took a recess until tomorrow, May 4th 1887

       9 A. M.
       Court met this 9 A. M. May 4th 1887.
       The docket was then taken up and the following disposition made
       In the matter of the Estate of Pedro Saens, deceased
       Margaret E. de Saens Administratrix
       It was ordered that the administratrix make report on the condition of the estate to next term.

       In the matter of the Estate of Margarita Palacio minor
       Eduardo G. Garcia  Guardian
       It was ordered that the guardian make annual report

       In the matter of the Estate of Inez Vela deceased
       Tomas Oleveyra  Administrator
       Continued to next term

       In the matter of the Estate of Juana Cantu, minor
       Hipolito Cantu  Guardian
       It was ordered that the guardian file his annual report

       In the matter of the Estate of Francisco Vaello minor
       Jose Vaello  Guardian
       The application for letters of guardianship in this case was withdrawn by applicant at his costs.

       There being no further business before the court, it was duly declared adjourned till its next regular         term in course.

Vol. B Page 23

      I, Lizzie Steele Latta, do solemnly swear that I will faithfully discharge my duties as executrix of the last will and testament of James D. Latta, deceased, according to law and to the best of my skill and ability, so help me God.
      Sworn to and subscribed before me this seventh day of May A. D. 1887
                                                                                  R. B. Glover C. C. C. D. C. Texas
                                                                                  By J. W. Wright Deputy

In vacation Probate Court June 8, 1887

Bond and Oath of Guardian

      Know all men by these present, that we Juliana Guerra de Montalvo as principal and Librado Salinas and Candelario Montalvo 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 tenements, and for the payment of which will and true, to be made, we hereby bind ourselves, our heirs, executors, and administrators jointly and severally. The condition of the above obligation are such, that whereas the above bounden Juliana Guerra de Montalvo, has been appointed by the Hon. County Court of Duval County, at the May Term A. D. 1887, as guardian of the estate of Eustacio Montalvo, minor.
     Now therefore if the above bounded principal Juliana Guerra de Montalvo, will faithfully discharge the duties of guardian of the estate of the said Eustacio Montalvo (minor), according to law, then and in that event this obligation to be null and void, otherwise to be held in full force and effect.
                              Witness our hands this sixth day of May A. D. 1887

Before me, James Gullutt, a Notary Public in and for Duval County Texas personally appeared Juliana

Vol. B. Page 24

Guerra de Montalvo principal and Librado Salinas and Candelario Montalvo sureties, to me well known to be the persons whose names are subscribed to the foregoing bond and they acknowledge to me that they had executed the same for the purposes and consideration therein  expressed.
                                                      Given under my hand and seal of office this sixth day of May 1887
                                                                                     Joe Gullett J. P. Prct. No. 4
                                                                                     Exofficio Notary Public  Duval Co. Texas

      I Juliana Guerra de Montalvo do solemnly swear that I will faithfully discharge the duties of guardian of the estate of Eustacio Montalvo (minor) according to   law and to the best of my skill and ability, so help me God.

Sworn to and Subscribed before me this sixth day of May A. D. 1887
                                                                                       Ja. Gullett J. P. Pct. no. 4
                                                                                       & Ex. Offico Notary Public  Duval Co. Texas

Approved May 12, 1887
      James O. Luby
      C. Judge   D. C

      And now comes Juliana Guerra de Montalvo, guardian of the person and Estate of Eustacio Montalvo a minor, and returns to the Court an inventory of all the property, real and personal, belonging to the estate of her ward that has  come to her knowledge which she has caused to be appraised.

Real Estate

Continued of page 3

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