Duval County Court Minutes (Probate
matters)
1887-1894
Volume B
Page 3
Index of names
For a quick search of these pages, click
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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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