Duval County Court Minutes (Probate matters)

1887-1894

Volume B

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Index of names

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 25

Appraised at one Dollar per acre.                                                                      

 

 

 

 

221.

 

 

 

 

40

Seven hundred and seventy four and 9/10 acres in three and one half sites of land in an undivided tract of land known as Las Vivoras in Starr Co. this being one tenth of one half of the above states. Appraised at one dollar per acre.                                                    

  774.

 

90

Twenty two acres of land in an certificate - no 661, located in Staarr Co. this being one tenth of one half of the whole, and held in common as above states. Appraised at seventy five cents an acre.  

    24.

 

00

One tenth of one half of the value of the house on "Las Vivoras" tract in Starr Co. Appraised at one hundred and fifty-five dollars.                                                                          5. 20
One tenth of one half of the value of the pens or corrals, shearing place on "Las Vivoras" tract in Starr Co. Appraised at $90.00      4. 50
One tenth of one half of the value of the -----?, lands and troughs on Las Vivoras tract Starr Co. Appraised at Five Hundred and seventy one dollars.     28. 55
One tenth of one half of the value of one Labor or field on Las Vivoras tract, Starr Co.  Appraised at One Hundred and nine dollars.       5. 45
One tenth of one half of the value  of one House in Roma, Starr Co. held in common with Mrs. Juliana Guerra de Montalvo, Mrs. A. M. Garcia, nee Miss Felicitas Montalvo.and Mrs. Joe M. E. Garcia, nee Miss Ausenica Montalvo. Appraised at nine hundred dollars     45. 00
One tenth of one of cash on hand     21. 40
One tenth of one half of Two Hundred and two and one half acres of land on the Palo Blanco known as Marcelo Hinojosa's Grant, bought from Santana  Garcia and wife and held in common with all the heirs of Marcelo Hinojosa. Appraised at one dollar per acre.     10. 12
One tenth of one half of Three Hundred acres of land on the Palo Blanco known as Marcelo Hinojosa's Grant, bought from Amado Garcia and wife, and held in common with all the heirs of Marcelo Hinojosa. Appraised at one dollar an acre.     15. 00

Personal Property

By Credit of Dionicio Barrera       5. 45
Amount carried over 1208. 47
Vol. B. Page 26
Amount Brought Forward 1208. 47
By credit of Manuel Salinas      3. 09
By credit of Lazaro Lopez     82. 92
By credit of Jose Ma. Barrera       5. 55
By credit of Florentino Montalvo     13. 90
By credit of Candelario Montalvo       1. 13
By credit of three hands, workmen - Modesto, Roman and Hilario Gomez       6. 33
One steed horse appraised at     10. 00
One mare and colt appraised at      8. 00
Twenty three, 2 yr. old filly appraised at $5.00 p. hd.   115. 00
One four yr. old Porto appraised at       7. 00
Two gentle horses appraised at $10.00 each     20. 00
Two, one yr. old filly appraised at $3.00 each      6. 00
Eighteen cows and calves appraised at $8.00 each   144. 00
Eleven dry cows appraised at $6.00 each     66. 00
Two, 2 yr. old heifers appraised at $4.00 each       8. 00
Eight 1 yr. old heifers appraised at $5.00 each     40. 00
One 2 yr. old Steer appraised at $5.00       5. 00
Nine 1 yr.  old Steers appraised at $3.00 each     27. 00
One 1 yr. old Bull appraised at $3.00       3. 00
One tenth of one half of two thousand three hundred and sixty-eight head of ewes appraised at fifty cents per head     59. 20
One tenth of one half of thirteen hundred and eighty head of muttons and bucks appraised at seventy five cents per head     51. 75
One tenth of one half of Four hundred and ninety head of nani-goats appraised at thirty seven and one half cents each       9. 18
One tenth of one half of One Hundred and nineteen head of billy goats and billy bucks appraised at sixty two and one half cents per head       3.

71

Total        $

1888. 25

 

The State of Texas }
County of Duval }

       Before me J. P. Staples a Justice of the Peace and Exofficio Notary Public in and for Duval County, on this day personally appeared D. P. Peņa and Julio Salinas appraisers who being duly sworn, state on oath, that the foregoing is a true and correct appraisement of the property, belonging to the estate of Eustacio Montalvo, a minor, according to the best of their information and belief.

Vol. B Page 27

                                                                                                    Dionicio P. Peņa
                                                                                                     Julio Salinas

The State of Texas }
County of Duval }

I Juliana Guerra de Montalvo guardian of the estate of Eustacio Montalvo, do solemnly swear, that the above inventory is a true and perfect inventory and list  of all the property real and personal belonging to said Estate that has come to my knowledge.

her

Juliana Guerra

X

de Montalvo

mark

Sworn to and subscribed before me this 6th day of June 1887 A. D.
                                                                                                J. P. Staples J. Peace Ex. Off.
                                                                                                 Notary Public Precinct No. 2 Duval County

Vol. B Page 28

The State of Texas }
County of Duval }

       Be it remembered that on Monday the First day of August 1887 there was begun and holden in the town of San Diego Duval County Texas, at the Court House thereof a regular term of the Honorable County Court for Probate matters the Hon. James O. Luby County Judge Duval County, Presiding and there were present in addition at said time of Court.

R. B. Glover County Clerk Duval County, Texas
L. L. Wright Sheriff Duval County, Texas

Court was duly opened by proclamation of the sheriff at the Court House door.
The docket was then taken up and the following cases disposed of.

No. 32 .
The matter of the Estate of }
Pedro Saens   Dec. }
Margarita E. de Saens }

      Proceedings dismissed on motion of Attorney for Margarita E. de Saens for reason that proceedings were commenced at a time otherwise than that prescribed by law.

No. 40 .
The matter of the Estate of }
Margarita Palacios minor }
Eduardo G. Garcia }

      Proceedings dismissed on motion of attorney for Plaintiff for reason that proceedings were commenced at a time other than that prescribed by law.

No. 42
The matter of the Estate of }
Ynes Vela  Decd. }
Tomas Olevegra }

      Proceedings dismissed on motion of attorney for Plaintiff for reason that proceedings were commenced at a time other than that prescribed by law.

No. 46
The matter of the Estate of }
Macedonio Rangel  Decd. }
Concepcion Rangel  Adm. }

      Proceedings dismissed on motion of attorney for Plaintiff for reason that proceedings were commenced at a time other than that prescribed by law.

No. 49 .
The matter of the Estate of }
Juana Cantu  minor }
Hipolito Cantu  Guard. }

       Proceedings dismissed on motion of attorney for Plaintiff for reason that proceedings were

Vol. B. Page 29

were commenced at a time other than that prescribed by law.

No. 51 ..
The matter of the Estate of }
Maria Ynes Garcia de Garcia }
Josefa Garcia de Garza }  Continued

 

No. 52
The matter of the Estate of }
Josefa, Victoria, Alberto, Gilberto }
Napoleon, Gorgonia, Jacoba and }
Juana Garcia Salinas,  minors }
Felipa Salinas de Garcia }  Continued

 

No. 55 }
The matter of the Estate of }
James D. Latta  Decd. }
Lizzie S. Latta  Ex. }  Continued

 

No. 57
The matter of the Estate of }
Eustacio Montalvo  minor }
Juliana Guerra de Montalvo  Guard. }  Continued

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

Attest:
      R. B. Glover James O. Luby
      C. C. C. D. C. Texas Co. Judge Duval Co. Texas

Vol. B Page 30

 

The State of Texas }
County of Duval }

      Be it hereby remembered that on Monday the 7th day of November A. D. 1887 there was begun and holden in the town of San Diego Duval County Texas at the Court House thereof a regular term of the Hon County Court in and for aforesaid County and State, for Probate purposes, the Hon. James O. Luby County Judge in and for Duval County Texas, presiding and there were present in addition at said term of Court

R. B. Glover County Clerk Duval County, Texas
L. L. Wright Sheriff Duval County, Texas

Court was duly opened by proclamation of the sheriff at the Court House door.
Court then took recess until 9 A. M. tomorrow


Tuesday November 8th 1887
Court met this 9 A. M. and there were present same as yesterday.
The Docket was then taken up and the following dispositions made thereof

No. 53
In the matter of the Estate }
of Josefa Garcia Salinas  Minor }
Filipa Garcia de Salinas  Guar. }  Continued

 

No. 55
In the matter of the Estate }
of James D. Latta  Decd. }
Lizzie S. Latta  Executrix }  Continued

 

No. 57
In the matter of the Estate of }
Eustacio Montalvo  minor }
Juliana Guerra de Montalvo  Guad. }

 

No. 58
In the matter of the Estate of }
Dolores, Rafaela, Ubaldo, Elvira, }
Francisca and Rafael Garcia,  Minors }
Carmen Trevino de Garcia  Guad. }

      County Court November Term A. D. 1887

      To the Honorable County Court of said County.

Carmen Trevino de Garcia shows that she is the mother of Dolores Garcia, a girl age 19 years, Rafaela Garcia, a girl age 17 years, Ubaldo Garcia, a boy age 15 years, Elvira Garcia, a girl age 13 years, Francisca Garcia, a girl age 11 years and Rafael Garcia a boy age 9 years, minors and re-

Vol. B. Page 31

siding in the said County of Duval and State of Texas: That said minors are without any lawful guardian of the estate, that the said minors are entitled to an Estate, partly in the County of Duval and State of Texas, and partly in the State of Tamaulipas, Republic of Mexico, of the estimated value of One Thousand five Hundred ($1,500.00) dollars.
     That the father of said minors is dead, and that the said Carmen Trevino de Garcia has the custody of said minors and resides in the County of Duval and State of Texas, that petitioner is not disqualified from receiving letters of Guardianship.
     Wherefore she prays that notice of her application begins as required by law, and that she be appointed guardian of the persons and estate of said minors.

Witness to name

her

S. Garcia Perez

Carmen Trevino

X

de Garcia

mark

 

 

The State of Texas }
County of Duval }

      In the matter of the Guardianship of the persons and Estate of Dolores Garcia, Rafaela Garcia, Ubaldo Garcia, Elvira Garcia, Francisca Garcia and Rafael Garcia Minors

                                    To the Honorable County Court of Duval County
                                    The undersigned minors being over fourteen years of age, hereby waive issuance of Citations to us, and ask that Carmen Treviņo de Garcia, the applicant herein be appointed guardian of our persons and Estate.

Given under our hand and at San Diego, Texas, this eleventh day of October A. D. 1887

Dolores

Garcia
Witness to mark

her

S. Garcia Perez

Rafaela

X

Garcia

mark

Ubaldo

Garcia

 

The State of Texas }
County of Duval }

      Before me, Frank Fenille, a Notary Public in and for the County of Duval, Texas, on this day personally appeared Dolores Garcia, Rafaela Garcia and Ubaldo Garcia minors, known to me to be the persons whose names are subscribed to the foregoing instrument of writing, and acknowledged to me that they had signed the same for the purposes and consideration therein expressed.

Given under my hand and seal of office this eleventh day of October A. D. 1887

Vol. B. Page 32

Frank Fenille
Notary Public Duval Co. Texas

Notice in Probate

The State of Texas
      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 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 the minors Dolores Garcia, Rafaela Garcia, Ubaldo Garcia, Elvira Garcia, Francisca Garcia and Rafael Garcia, Carmen Treviņo de Garcia has filed in the County Court of Duval County an application for letters of Guardianship of the persons and Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca and Rafael Garcia, minors which will be heard on the first Monday in December 1887, being the seventh 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 appear and contest said application if they seem proper.
      Herein fail not, under penalty of the law and of this writ make and return.
      Issued the eleventh day of October, 1887
                                        Witness, Rufus B. Glover  Clerk of said Court and the seal thereof, at office in                                           the town of San Diego the eleventh day of October 1887
                                                                                    R. B. Glover  Clerk C C Duval County
                                                                                    By J W Wright  Deputy

No. 56  In Duval County Court   Estate of Dolores, Rafaela, Ubaldo, Elvira, Francisca & Rafael Garcia minors. Issued this eleventh day of October A. D. 1887, and executed 11th day of October 1887 by posting written notices of the within, in three public placed in said County, one of which was at the Court House door, one at Benavides and one at Realitos. L. L. Wright   Sheriff
Returned and filed this 26 day of October 1887
                                                                                       R. B. Glover  Clerk

The foregoing application coming on to be heard and it appearing to the satisfaction of the Court that the requirements of the law has been complied with, said application is hereby granted by the Court and

 

Vol. B Page 33

N. E. cor. this tract & S. E. corner of land in this share of Tomasa Garcia de Barrera. Thence N. 80 degrees W. 950 ws  N. W. cor. this survey. Thence S. 10 degrees W. 3982" ws. S. W. cor. this tract. Thence down the meadows of the Dan Diego land to the place beginning, containing 665 acres more or less.
Wherefore, your applicant prays that citation issue to all persons interested to appear at the next regular term of your honors Court. the May term thereof, and show cause, if any, why such application shall not be granted:
That your honor grant such orders of sale, and all orders necessary thereto, for which she will ever pray.

Attest

her

S. Garcia

Felipa Salinas

X

de Garcia

mark

Corrected Exhibit of said Estate

An undivided interest of 8/10 of 1/5 out of their grandfather's, Antonio Garcia Flores, share in the following actions, being

1st 8 23/25 lots at $5.00 each in the action of Anna Ma. Flores $140.92
2nd 5 71/75 lots at $5.00 each in the action of Antonio Jose Flores     25.94
3rd 5 71/75 lots at $5.00 each in the action of Jose Ma. Flores     25.94
4th 271 21/25 acres at $1.00 an acre in the action of Anna Ma. Flores 271.84
5th 181 17/75 acres at $1.00 an acre in the action of Antonio Jose Flores 181.22
6th 211 70/75 acres at $1.00 an acre in the action of Jose Ma. Flores 211.95
___________
$757.81

The above property is held by the minor heirs herein, in common with E. Garcia Perez, S. Garcia Perez, Tomasa Garcia de Barrera. And Francisco Garcia Salinas and Gorgoria Garcia de Garcia own the 2/10 of the share of Antonio Garcia Flores in the above actions.
The deficiency in the appraisement and the present exhibit will be shown by the exchange of certain interest as per the deed of petition dated July 26, 1883, found recorded in Book "N" page 519 in the records of Duval Co. Texas

Attest

her

S. Garcia

Felipa Salinas

X

de Garcia

mark

Sworn to and subscribed before me this 29th day of Mar. 1888
                                                                          J. W. Wright J. P. D. C.

In County Court Duval County }
May Term A. D. 1888 }  No. 53

      The application of Felipa Salinas de Garcia Guardian of the estate of the minors Josefa, Victoria, Albrito, Gilbrito, Napoleon, Gorgoria, Jacoba and Jesusa Garcia Salinas, for the sale of 665 acres of land in the upper San Diego Tract, originally granted to Julian Flores, the

(the names Albrito & Gilbrito should read Alberto & Gilberto)

Vol. B Page 41

said minors being entitled to 8/10 eight tenths of said land as per _____? and bounds in application for sale.
It is ordered that said land be sold at private sale for cash and at the price of lands similarly situated.It appearing to the Court that a necessity exists for such sale to enable the said Guardian to support and educate her said minor children.
It is further ordered that said sale shall be made and report thereof returned to this court within 30 days after the date of this order.

No. 51
The Estate of Eustacio Montalvo  minor }

vs.

}
Juliana Guerra de Montalvo  Guard. }  Continued

 

No. 58
The Estate of Dolores Garcia et al minors }

vs.

}

Carmen Treviņo de Garcia   Guard.

}  Cont. by app. of law to await return of sale.

There being no further business, Court was duly declared adjourned till next regular term in court.
Attest
    R. B. Glover
       C. C. C. D. C. T.                                                              Co. Judge Presiding

Continued on page 4

_______________________________________

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