Duval County Court Minutes p 5

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Vol. B Page 42

The State of Texas	}
County of Duval	}

       Be it hereby remembered that on Monday the sixth day of August A. D. 1888 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 Duval County Texas, for Probate Purposes, the Hon. James O. Luby presiding and there were present in addition
R. B. Glover        County Clerk      Duval County Texas
L. L. Wright         Sheriff                  Duval County Texas
      The 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 to wit:

No. 51
The Estate of Maria Ynez Garcia de Garcia	}
vs.	}
Jose Garcia de Garza Admtx.	} Continued

Court then took recess till 9 o'clock A. M. tomorrow

Tuesday Aug 7 1888

Court met this 9 o'clock A. M. present same a yesterday.
The docket was then received and the following orders had:

No. 53
The Estate of Josefa Garcia Salinas et al minors	}
vs.	}
Felipa Salinas de Garcia, guardian	}

And now comes Felipa Salinas Guardian of the above named minors and returns into Court her annual account, ending February 1, 1888 showing the items of expenditures since the last account for the education and maintenance of said wards.
Item 1st. No property has come to her knowledge belonging to said wards which has not been previously inventoried or listed except as herein mentioned in item no. 2 following.
Item 2nd. By a deed of partition recorded in Book "H" page 509 of the records of Duval County Texas, it will be seen that the heirs of Antonio Garcia Flores, the above minors being a part, exchange 1/7 of share no. 6 in the San Diego grant and 189 for 1/6 interest in share no. 3 same grant, with the heirs of Jose Ma. Flores.
Item 3 Nothing has been received from the estate since last account.
Item 4 The following disbursements have occurred since last account.

Vol. B Page 43

To Costs of Court in this behalf
To Atty.'s fee Frank Fenille
Item 5 No claims have been allowed against the estate that are unpaid.
Item 6 No claims have been rejected and no claims have been sued on.
Item 7 There is no money on hand and there is property at the appraised value as sworn by her exhibit filed today amounting to $707.81.
Item 8 No use can be made of said law unless your honor order a sale of the tract of land as per her application this day filed.

Attest		her
S. Garcia Perez	Felipa Salinas	X	de Garcia
		mark

The State of Texas	}
County of Duval	}

Sworn to and subscribed before me to be a correct and complete statement of matters relating to my annual account this 29th day of March 1888.
J. W. Wright J. P. D. C.

Approved Aug. 11 1988 and ordered recorded.

Report of Sale of land

No. 53
The Estate of Josefa Garcia Salinas et al minors	}
vs.	}
Felipa Garcia de Salinas Guardian	}

To the Hon. James O. Luby Judge of the County Court of Duval County, Texas
And now comes Felipa Salinas de Garcia Guardian of the above named minors in the above entitled case and makes the following report of the sale of Land as per her application in said cause and order of sale as shown hereinafter.
1st The following described property was sold on the 26th day of May 1888.
2nd The property sold is as follows to wit; eight tenths (8/10) interest in a piece or parcel of land situated, lying and being in the County of Duval and State of Texas and a part of the Julian and Ventura Flores tract or grant.
Beginning at the S.E. corner of share no. 3 and S.W. corner of share no. 2. Thence N. 10 degrees N.E. corner this tract and S.E. of land in this share of Tomasa Garcia de Barrera. Thence N. 80 degrees W. 950 m.

Vol. B. Page 44

N.W. corner this survey. Thence S. 10 degrees W 3985 ms. S. W. corner this tract. Thence down the meadows of the San Diego Track to the place of beginning, containing 665 acres. Francisco Garcia Salinas and Gregoria Garcia de Garcia owned the other (2/10) two tenths and sign the deed to the perches.
3rd The name of the purchaser of said above described land is Sevriano Garcia Perez.
4th The land was sold for $1.50 per acre making $997.50, 8/10 of said land brought $798. the amount for which said aforesaid minors interest was sold.
5th The date of the order of Court authorizing said sale is dated My 7, 1888 as will appear in said deed Accompanying this report as also will appear upon the minutes of May term of the Probate Court of Duval County Texas.
6th The sale of the above described Land was for Cash and at private sale.

Witness my hand this 28th day of May 1888

Witness		her
Chas. L. Coyner	Felipa Salinas	X	de Garcia
Blas M. Ybanez		mark

Sworn to and subscribed before me this 30 day of May 1888
J. W. Wright J. P. D. C.

Warranty Deed

The State of Texas	}
County of Duval	}

Know all men by these present, That we Felipa Salinas de Garcia, Guardian of Jose Garcia Salinas, Victoria Garcia Salinas, Alberto Garcia Salinas, Gilberto Garcia Salinas, Napoleon Garcia Salinas, Gregoria Garcia Salinas, Josefa Garcia Salinas and Jesusa Garcia Salinas, Minors and Francisco Garcia Salinas and Gregoria Garcia de Garcia, and her husband Vidal Garcia Perez all of the County of Duval and State aforesaid, for and in consideration of the sum of nine hundred and ninety seven and 50/100 Dollars to us in hand paid by Sevriano G. Perez and in accordance with the following order to wit: "In County Court Duval County May Term A. D. 18888 No. 53. The application of Felipa Salinas de Garcia Guardian of the minors (Estate thereof of Jose, Victoria, Alberto, Gilberto, Napoleon, Gorgonia, 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 said being entitled to (8/10) eight tenths of said land as

Vol. B. Page 45

per metes and bounds in application for sale. It is ordered that said land be sold at private sale, for cash and at the price of land similarly situated. It appearing to the Court that a necessity exist for such sale to enable the said guardian to support and educate her said minor children. It is further ordered that that said sale be made of this order... given under my hand and seal of the County Court this 7 day of May A. D. 1888 James O. Luby Co. Judge D. C." Have granted, sold and conveyed, and the these precincts do grant, sell and convey unto the said Sevriano Garcia Perez of the County of Duval and State of Texas, all that certain piece or parcel land situated, lying and being in the County of Duval and State of Texas and described by meter and bounds as follows to wit: A part of the Julian and Ventura Flores Tract abstract No. 212. In share no. 3 of the San Diego Tract

Beginning at the S. E. corner of share no. 3 and S. W. corner of share no. 2. Thence N. 10 degrees N.E. corner this tract and S.E. of land in this share of Tomasa Garcia de Barrera. Thence N. 80 degrees W. 950 m. N. W. corner this survey. Thence S. 10 degrees W 3985 ms. S. W. corner this tract. Thence down the meadows of the San Diego Track to the place of beginning, containing 665 acres more or less.

To Hove and to Hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Serving Garcia Perez' heirs and assigns, forever. and we do hereby bind ourselves our heirs, executives and administrators, to warrant and forever defined, all and singular the said premises unto the said Sevriano Garcia Perez' heirs and assigns, against any person whomsoever lawfully claiming or to claim the same or any part thereof.

Witness our hands at San Diego Texas this 26th day of May A. D. 1888

Signed and delivered in presence of	Jose Garcia Salinas, Victoria Garcia Salinas
Chas. L. Coyner	Alberto Garcia Salinas, Gilberto Garcia Salinas
Blas M. Ybanez	Napoleon Garcia Salinas, Gorgonia Garcia Salinas
	Jacoba Garcia Salinas , Jesusa Garcia Salinas
	by their guardian

	her
Felipa Salinas	X	de Garcia
	mark

	F. Garcia Salinas
	Vidal Garcia Perez
	Gregoria Garcia de Garcia

Vol. B. Page 46

The State of Texas	}
County of Duval	}

Before me J. W. Wright J. P. Ex. Notary Pub. in and for Duval County, Texas, on this day personally appeared Felipa Salinas de Garcia Guardian for Juan, Victoria, Alberto, Gilberto, Napoleon, Gregoria, Jacoba and Jesusa Garcia Salinas minors and Francisco Garcia Salinas and Vidal Garcia Perez known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed.

                                                     Given under my hand and seal of office the 30th day of May A. D. 1888
                                                                                                    J. W. Wright J. P. Ex. Not. Pub.
                                                                                                                D. C. Tex.

The State of Texas	}
County of Duval	}

Before me J. W. Wright J. P. & N. P. on this day personally appeared Gregoria Garcia de Garcia wife of Vidal Garcia Perez known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me formally and apart from her husband and having the same fully explained to him, she, the said Gregoria Garcia de Garcia, acknowledged such instrument t6o be her act and deed, and declared that she has willingly signed the same for the purposes and considerations therein expressed and that she did not wish to rehalt it.

                                                        Given under my hand and seal of office this 30th day of May 1888
                                                                                                       J. W. Wright J. P. Ex. Off. Not. Pub.
                                                                                                                   D. C. Tex.

Order of Court

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

The report of sale as per former order of sale by Felipa Salinas de Garcia, Guardian of the minors (Estate thereof) of Jose, Victoria, Alberto, Gilberto, Gorgonia, Napoleon, Jacoba and Jesusa Garcia Salinas of 665 acres of land in the upper San Diego tract originally granted to Julian Flores, the said minor being entitled to 8/10 eight tenths of said land as per metes and bounds, face and terms of said report of sale filed May 30 1888 is hereby approved and confirmed and said report orders to reckon.

It appearing further to the Court that all previous order

Vol. B Page 47

have been complied with, and the sale fairly made and in conformity with law, it is therefore ordered, adjudged and decreed by the Court that said sale be approved and conferment and a proper conveyance of the said land be made by said Guardian to the purchaser as shown by said report upon the compliance by the purchaser with the terms of said sale.

                                                               Given under my hand this 7th day of Au 1888
                                                                                            James O. Luby
                                                                                             Co. Judge D. C.

No. 57
The Estate of Eustacio Montalvo minor	}
vs.	}
Juliana Guerra de Garcia	} Continued for Citations on Annual Report

No. 58
The Estate of Dolores Garcia et al minors	}
vs.	}
Carmen Trevi�o de Garcia Guard.	} Continued

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

Vol. B. Page 48

The State of Texas	}
County of Duval	}

Be it hereby remembered that on Monday November 5th 1888 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 said County and State, for Probate matters, the Hon. James O. Luby, County Judge presiding and there were present at said term in addition

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

The Court was duly opened by proclamation of the Sheriff at the Court House door.
The Docket was then called and the following business disposed of.

No. 51
The Estate of Maria Ynes Garcia de Garcia	}
vs.	}
Josefa Garcia de Garcia Admitx.	} Continued

No. 53
The Estate of Josefa Garcia Salinas et al minors	}
vs.	}
Felipa Salinas de Garcia Guardian	} Continued

No. 57
The Estate of Eustacio Montalvo minor	}
vs.	}
Juliana Guerra de Mountable Guard.	} Continued by app. of law

No. 58
The State of Dolores Garcia et al minors	}
vs.	}
Carmen Trevi�o de Garcia Guard.	} Continued

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

Vol. B. Page 49

The State of Texas	}
County of Duval	}

Be it hereby remembered that on Monday February 4th 1889 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 said County and State, for Probate matters, the Hon. James O. Luby, County Judge presiding and there were present at said term in addition

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

The Court was duly opened by proclamation of the Sheriff at the Court House door.
The Docket was then taken up and sounded, and Court took recess till 9 A. M. tomorrow.

Tuesday Feby. 5th 1889
Court met this 9 A. M. and the following business disposed of

No. 51
The Estate of Maria Ynes Garcia de Garcia	}
vs.	}
Josefa Garcia de Garcia Admitx.	} Continued

No. 53
The Estate of Josefa Garcia Salinas et al minors	}
vs.	}
Felipa Salinas de Garcia Guardian	} Continued

No. 57
The Estate of Eustacio Montalvo minor	}
vs.	}
Juliana Guerra de Mountable Guard.	} Continued by app. law

No. 58
The State of Dolores Garcia et al minors	}
vs.	}
Carmen Trevi�o de Garcia Guard.	} Continued

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

Vol. B. Page 50

The State of Texas	}
County of Duval	}

Be it hereby remembered that on Monday the 6th day of May 1889 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 said County and State, for Probate matters, the Hon. James O. Luby, County Judge presiding and there were present at said term in addition

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

The Court was duly opened by proclamation of the Sheriff at the Court House door.
The Probate Docket was then taken up and the following orders made therein.

No. 51
The Estate of Maria Ynes Garcia de Garcia	}
vs.	}
Josefa Garcia de Garcia Admitx.	}

In the matter of the administration of the foregoing estate, it appearing to the Court that the administratrix Josefa Garcia de Garcia is the sole Lignite under the will and there being no debts due by the Estate of the said Maria Ynes Garcia de Garcia, the said administratrix Josefa Garcia de Garcia is hereby discharged and the administratrix on said Estate closed.

No. 53
The Estate of Josefa Garcia Salinas et al minors	}
vs.	}
Felipa Salinas de Garcia Guardian	}

In the matter of the foregoing Estate, it is ordered and decreed by the Court that the Guardian therein Felipa Salinas de Garcia file a supplemental inventory and annual Report, and that citations issue to said Guardian.

No. 57
The Estate of Eustacio Montalvo minor	}
vs.	}
Juliana Guerra de Mountable Guard.	}

To the Hon. County Judge of Probate Court Duval County Texas.

And now comes Juliana Guerra de Montalvo - guardian for the minor Eustacio Montalvo, heir of the Deceased Eduardo Montalvo, and begs to submit her annual exhibit, to wit:

Vol. B Page 51

		Debit	Credit
June 9 1887	To am't rec'd as per Inventory	$1887.93	-
	To Cash rec'd by sale of muttons	69.20
	By Cash pd F. Fenille Atty fees as per receipt		25.00
	By Cash pd Costs of Court		16.50
	By Cash pd J. P. Staples Not. Pub. for ackmts. & trip		3.50
	By Cash pd M. N. Garcia as per receipt		7.70
	By value of two cows that died @ 6.00 per head as per inventory		12.00
	By value of 15 sheep that died @ .50 per head as per inventory		7.50
	By value of 69 muttons sold @ .75 per head as per inventory		51.75
	To Cash paid by sale of wool	29.00
Oct. 29 1887	To Cash paid by sale of wool	32.00
May 13 1888	To Cash rec'd of Manuel Salinas note	3.09
May 15 1888	To Cash rec'd as due on Manuel Salinas' note of 1 yr	. 58
May 15 1888	To Cash rec'd as due on Dionicio Saens' note for 1 yr	.65
May 15 1888	To Cash rec'd as due on Jose Ma. Barrera's note for 1 yr	.67
May 15 1888	To Cash rec'd as due on Felipe Barrera's note for 1 yr	5.69
May 15 1888	To Cash rec'd for two hides sold	3.39
May 15 1888	Increase of stock cattle branded 22 head valued @ $2.00 per Inv.	66.00
May 15 1888	Increase of sheep, 75 hd value .50 for hd as per Inv.	37.50
May 15 1888	By Note returned to Manuel Salinas after payment		3.09
May 15 1888	By Balance	________	2008.46
		2135.50	2135.50
May 15 1888	To Balance due minors	2008.46

The State of Texas	}
County of Duval	}

Personally appeared before me E. A. Glover a Notary Public for and within said State and County, Mrs. Juliana Guerra de Montalvo, who being by me duly sworn upon oath says that the foregoing account with the minor Eustacio Montalvo is within the knowledge of the Guardians Just. true and correct, and that all just and lawful offsets, payments and credits have been allowed.

	her
Juliana Guerra	X	de Montalvo - Guardian
	mark

Sworn and subscribed to before me this 4th day of June A. D. 1888
E. A. Glover
Notary Public Duval County, Texas

The State of Texas	} In Probate Court Duval Co. Texas
County of Duval	} May Term A. D. 1889

The within annual report of the condition of the Estate of the minor Eustacio Montalvo. Juliana Guerra de Montalvo (Guardian) showing the condition of said

Vol. B. Page 52

Filed June 5 1888
R. B. Glover C. C. C. D. C.

Estate up to and including the 4th day of June A. D. 1888, and the accompanying vouchers having been examined and compared and found in all things correct, and more than one term of Court having elapsed since the filing of said Report.
It is hereby ordered adjudged and decreed by the Court that the said report be and is hereby approved and that it be recorded on the minutes.

                                                            Given under my hand and seal of the County Court this 6th day                                                                of May A. D. 1889
                                                                                              James O. Luby
                                                                                              Co. Judge D. C.

No. 58
The Estate of Dolores Garcia et al minors	}
vs.	}
Carmen Trevi�o de Garcia Guardian	}

In the matter of the foregoing Estate It was ordered and decreed by the Court that Guardian therein Carmen Trevi�o de Garcia file a supplemental Inventory Report of sale of land and Annual Report and cause continued to next term, and citations ordered to issue to said Guardian.

No. 59
The Estate of Petra Martinez Dec'd.	}
vs.	}
Donaciano Cadena _ Adm. & Guard.	}

In the matter of the application of Donaciano Cadena for letters of administration coming on to be head and it appearing to the Court that the necessity for such administration as set out in the application is not sufficient in as much as application for letters of Guardianship for the Estate of minor children has been filed: the application for letters of administration is hereby denied.
In the matter of application of Donaciano Cadena for letters of Guardianship of the Estate of the minors Modesto, Jesusa, Donitela and Erlinda Cadena it appearing to the Court that Modesto Cadena is over 14 years old. It is ordered by the Court that Citations issue to the said Modesto Cadena to appear and make choice of a Guardian of his Estate, and cause continued till next regular term.

Court then took recess till 9 o'clock A. M. tomorrow.

Continued on page 6

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