Duval County Court Minutes p 6

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Vol. B Page 53

     Court met this 9 o'clock A. M. and thee wee present same as yesterday.
     The Docket having been exhausted and there being no further business, Court was duly declared adjourned till next regular term in Course.
Attest
R. B. Glover
C. C. C. D. C. Texas                                                                   Co. Judge D. C.

Vol. B Page 54

The State of Texas	}
County of Duval	}

Be it hereby remembered that on Monday the 3rd day of August 1889 there was begun and holden in the town of San Diego Duval County, Texas, a regular term of the Honorable Court in and for aforesaid County and State. Hon. James O. Luby Duval Judge presiding and also present

R. B. Glover	County Clerk	Duval Co. Texas
L. L. Wright	Sheriff	Duval Co. 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. 53
The Estate of Josefa Garcia Salinas, et al	}
vs.	}
Felipa Salinas de Garcia Guard..	}

In this cause it is hereby ordered that the Guardian herein having filed her supplemental Inventory and annual account, citations do issue in accordance with Law and cause continued.

No. 57
The Estate of Eustacio Montalvo minor	}
vs.	}
Juliana Guerra de Montalvo Guard.	} Cont. by operation of Law

No. 58
The Estate of Dolores Garcia et al minors	}
vs.	}
Carmen Garcia de Treviño Guar.	}

In this cause the following report of realty was filed by the guardian herein.

Guardianship of Delores Garcia	} Suit pending in County Court
Rafaela Garcia, Ubaldo Garcia, Elvira	} of Duval Co. Texas
Garcia, Francisca Garcia and Rafael	} Hon. Jas. O. Luby, presiding
Garcia - Minors	} in Probate Matters
vs.	}
Carmen Trevino de Garcia - Guardian	} August Term 1889

To the Honorable James O. Luby Judge of County Court of Duval County, Texas

And now comes Carmen Treviño de Garcia guardian of the above named minors in the above entitled case & makes the following report of the sale of land as per her application in said cause & order of sale as shown hereinafter.
1st The following described land was sold on the 31st day of October 1888

Vol. B Page 55

2nd The land sold is as follows, to wit: Six sevenths (6/7) interest in a piece or parcel of land situated, lying & being in Duval County, State of Texas & as part of the Julian & Ventura Flores tract or grant & being four hundred and twenty (420) acres of land and out of 489 34/35 acres allotted to the Heirs of Rafael G. Flores, acres in a certain deed of partition, dated July 6, 1883 made by & between the heirs of Antonio G. Flores, the heirs of Rafael G. Flores, the heirs of Francisco G. Flores, Edward Garcia Flores, Jesus G. Garza, Jose Ma. Garcia Flores, Anastacio Perez, Encarnacion Garcia Garza, Francisco Barrera, Trinidad Flores & Santos Flores, which is recorded in Book "H" pages 519 to 531 inclusive, in the records of Duval County Texas. Beginning at the South East corner of Anastacio Perez in share 6 for the South East corner of this tract. Thence with the West boundary line of share No. 5 West 10 degrees East 279 8/18 yards to stake for North East corner of this tract; Thence north 80 degrees West 990 yards to stake for North West corner this tract; Thence South 10 degrees West 279 8/10 yards to stake for South West corner of this tract. Thence South 80 degrees East 990 yards to the place of beginning. Containing 489 34/35 acres - more or less.
3_ Florencia Garcia de Flores owner the other 1/7 of land signed the deed to the purchase.
4_ The name of the purchaser of said mentioned 420 acres of land is Juan Garcia Garcia.
5_ The 489 34/34kk5 acres was sold for $500.00 - 6/7 of said land brought $428.50 the amount for which said minors interest was sold, the other 1/7 Florencia Garcia de Flores share being $71.50.
6_ The date of the order of this court made by your Honor, authorizing said sale is dated February 7th 1888 as will appear in said deed to Juan Garcia Garcia accom0anying this report & as will also appear upon the minutes of the February Term 1888 of the Probate Court of Duval County Texas.
7th_ The sale of the above described land was as private sale and to Juan Garcia Garcia, on a credit of 12 months on October 31 1888 for which said Juan Garcia Garcia signed sealed and delivered to Carmen Treviño Guardian aforesaid a provisory note dated October 31st 1888 for $489 .50 amount due said minors aforesaid with interest at 12% per annum from date as will appear in said note accompanying this report.

Witness my hand this 24th day of July 1889

Witness		her
S. Garcia Perez	Carmen Treviño	X	de Garcia
		mark

Vol. B Page 56

Sworn to and subscribed before me this 24th day of July 1889
C. L. Coyner
Notary Public Duval Co. Texas

In County Court Duval Co. Texas	}
August Term A. D. 1889

On this the 6th day of August A. D. 1889 the above report of sale coming up for consideration, and after being examined by the Court and found in all things correct. It is therefore ordered adjudged and decreed by the Court that the said report of sale be and is hereby approved.

                                Given under my hand and seal of this County Court of Duval County day & date first                                    above written.
                                                                               James O. Luby
                                                                               Co. Judge D. C.

No. 59
Estate of Petra Martinez Dec'd	}
vs.	}
Donasiano Cadena	}

This cause is hereby transferred to the District Court of Duval County, the County Judge being disqualified.

No. 60
Maria Antonia Torres minor	}
vs.	}
L. Levy ? ? Guardian	}

This cause coming up and it appearing to the Court that Gonefacio Torres who claims to be the father of the minor Maria Torres, is now in Jail and is thereby prevented from filing any defenses or appearing at the present time of this Court and it further appearing that C. L. Coyner, Esq. the Att. for said Torres, has withdrawn from the cause, it is ordered that L. Levy be continued as Temporary Guardian of said minor and that the cause stand continued until the next regular term.

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

Vol. B. Page 57

The State of Texas	}
County of Duval	}

Be it hereby remembered that on Monday November 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 Honorable County Court for Probate Purposes in and for aforesaid County and State, the Hon. James O. Luby County Judge presiding, and there were present

A. 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 Probate Docket was then taken up and the following orders entered therein.

No. 53
The Estate of Josefa Garcia Salinas et al	}
vs.	}
Felipa Salinas de Garcia Guard.	} Continued by operation of law

No. 58
The Estate of Dolores Garcia et al	}
vs.	}
Carmen Treviño de Garcia Guardian	} Continued by operation of Law

No. 60
The Guardianship of Maria Antonio Flores	}
vs.	}
L. Levy Temp. Guardian	} Continued by apparition of Law

No. 59
The Estate of Eustacio Montalvo minor	}
vs.	}
Juliana Guerra de Montalvo Guardian	}

To the Honorable County Judge in Probate Court of Duval County Texas, August Term 1889.
And now come 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:

1889 June 20	To Balance due as per ap. rendered June 4th 1888	$2008.00	$
1889 June 20	To Balance due as per a/p rendered June 4th 1888	$2008.00
	To Cash rec'd D. Saens' note	5.45
	To Cash rec'd Int. on Saens note	.65
	To Cash rec'd Int. on J. Ma. Barrera note	.67
	To Cash rec'd Int. on L. Lopez note	12.00
	To Cash rec'd Int. on f. Barrera note	5.69
	To Cash on sale of wool for Oct/88	21.66
	Amount forward	2054.12

Vol. B Page 58

June 20 1889	To amt. forward from page 57	2054.12
	To Cash on sale of wool for May/89	36.00
	To Cash on sale of 8 - 2 yr old steers @ $7.00	56.00
	To Increase of colts branded 8 hd @ $3.00 per head as per Inv.	24.00
	To Increase of cattle branded 30 hd @ $3.00 per head	90.00
	To Increase of sheep 43 at .50	21.50
	Counted Credits
	By Cash paid E. A. Glover Notary fee as per voucher		8.00
	By Cash paid H. M. Garcia as per voucher		7.15
	To Sale of 8 hd of 2 yr old steers Val. at $5.00 as per Inv.		40.00
	To Value of 35 hd of sheep that died V. at .50 per hd as per Inv.		17.50
	To Value of 7 hd of goats that died Val. at .37 per hd as per Inv.		2,62
	To Value of 1 mare that died Val. at $8.00 as per Inv.		8.00
	To Note returned to D. Saens after payment		5.45
	Balance due minor		2193.36

		$2282.08	$2282.08

To Balance due Minor

	Her
Juliana Guerra	X	de Montalvo
	mark

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 now duly sworn, upon oath says that the account, with the minor Eustacio Montalvo, on reverse side hereto, within the knowledge of her is correct in all matters relating thereto.

	her
Juliana Guerra	X	de Montalvo
	mark

Sworn and subscribed to before me in San Pedro rancho this the 2 June A. D. 1889
E. A. Glover
Notary Public D. C. Texas

The above and foregoing report of Juliana Guerra de Montalvo Guardian for the minor Eustacio Montalvo, after being duly examined by the Court and found to be correct wads approved by the Court, and ordered to be recorded in the minutes thereof.

There being no further business, Court was duly ordered adjourned till next regular Term

Attest
R. B. Glover
C. C. C. D. C. TX County Judge

Vol. B. Page 59

The State of Texas	}
County of Duval	}

      Be it hereby remembered that on Monday the third day of February 1890, there was begun a regular term of the Hon. County Court for probate purposes.
     Court was duly opened by proclamation of the Sheriff at the Court House door.
     Owing to the absence of the County Judge Court was recessed from day to day until finally adjourned according to law.
Attest
   R. B. Glover
   Clerk D. C.

Vol. B Page 60

The State of Texas	}
County of Duval	}

Be it remembered that in vacation and on the 19th day of Feby. 1890 there was heard the following application to administer the following estate viz.:

No. 61
In the matter of the estate of	} In the County Court of Duval County
Dolores de la Garza de Tovar	} Probate side

To the Hon. James O. Luby, County Judge of Duval County - Sitting in Probate - In vacation
Your petitioner, Calixto Tovar, surviving husband of Dolores de la Garza de Tovar respectfully represents
1. That heretofore, towit, on the twenty third day of November A. D. 1889, the said Dolores de la Garza de Tovar died in the City of Mier in the Republic of Mexico.
2. That said deceased left the following surviving children, all of whom reside in the County of Duval and State of Texas, towit:
1. Jose Ma. Tovar, aged twenty three years, born July 26, 1866.
2. Rosa Tovar, aged twenty years, born August 20(? ), 1869.
3. Gilberto Tovar, aged eighteen years, born January 21, 1872.
4. Aurchario Tovar, aged sixteen years, born December 22, 1873.
5. Calixto Tovar, aged thirteen years, born May 6, 1876.
3. There there is a community estate between petitiioner and said deceased wife of the probable value of about eight thousand five hundred dollars, as follows:
1. Lots numbered 5, 6, 7 and 8 in Block no. 50, with improvenents in the town of San Diego, County of Duval, State of Texas.
2. Lots numbered eleven and twelve in block numbered seventy seven, with improvements in the said town, County and State.
3. Lots numbered 3 and 4, in block numbered 51, with improvements in said town, County and State.
4. Lots numbered 8 and 9 in Block no. 26, unimproved, in the said town, County and State.
5. The improvements consisting of a store, building, etc. on block 6 number fifty-one (51) Lot numbered twelve.
6. Five hundred head of meat cattle.
7. Twenty head of horses.
4. That as above shown the bulk of said community estate is situated in this Duval County, State of Texas, and there are unsettled and outstanding debts against said community estate.
5. That more than four years has not elapsed since the death of petitioners said wife.
6. Petitioner therefore prays that this Court will, in vacation,

Vol. B Page 61

appoint appraisers to appraise said community estate in conforming with law.

Calixto Tovar
Surviving husband of Dolores de la Garza de Tovar

No. 61
In the matter of the Estate of	} In Vacation - In the County Court of Duval County
Dolores de la Garza de Tovar	} Probate side

On this 19th day of February A. D. 1890 comes on to be heard the application of Calixto Tovar, surviving husband of Dolores de la Garza de Tovar, deceased, for community administration of said estate, and it being the opinion of the Court that said application is in due law, and should be granted and that this Court has jurisdiction herein, it is ordered that E. Garcia Perez and S. Garcia Perez, and Francisco J. Flores be and hereby appointed appraisers of said community estate, to appraise the same as in other administration, and who with the assistance of said surviving husband will make out a full, fair and complete inventory and appraisement of said Estate, and said surviving husband will attach thereto a list of all community debts due the estate, and which said Inventory list and appraisement after being duly sworn and subscribed to will be returned into this Court within twenty days from the date of this order for the further action therein of this Court.

                                                                             Given under my hand and seal of the County Court of                                                                                Duval County this 19th day of February A. D. 1890
                                                                                                                   James O. Luby
                                                                                                                    Co. Judge Duval Co.

No. 61	}
In the matter of the estate of	} In the County Court of Duval County
Dolores de la Garza de Tovar	} Probate side, In Vacation

Now comes the undersigned E. Garcia Perez and G. Garcia Perez and Francisco J. Flores, duly appointed appraisers of the community estate of Dolores de la Garza de Tovar, deceased and her surviving husband Calixto Tovar, and report to Court the following inventory and appraisement of said Estate.

Real Properties

1. Lots number Five (5), Six (6), seven (7) and eight (8) in Block number fifty (50) with improvements thereon and valued at the sum of $2,500.00
In the town of San Diego, County of Duval, State of Texas
2. Lot number eleven (11) and twelve (12) in Block number seventy seven (77) with improvements thereon and valued at the sum of $1,000.00
In the town of San Diego, County of Duval, State of Texas

Vol. B Page 62

3. Lots numbered three (3) and Four (4), in Block number Fifty one (51) with improvements thereon, and valued at the sum of                                                                                                              $1,100.00
In the town of San Diego, County of Duval, State of Texas
4. Unimproved Lots, numbered nine (9) and eight (8) in Block numbered 26 valued at                 $50.00
In the town of San Diego, County of Duval, State of Texas
Total appraised value of Real Property                                                                                        $4,650.00

Personal Property

The improvements consisting of one store building etc on Lot numbered twelve, in Block numbered fifty-one (51) in the town of San Diego, County of Duval, State of Texas valued at                     $700.00
Five Hundred head of meat cattle @ each    $5.00                                                                         $2,500.00
Twenty head of horses @ each $10.00                                                                                            $200.00
Total appraised value of personal property                                                                                  $3.400.00
Total appraised value of community estate                                                                                $8,050.00

The State of Texas	}
County of Duval	}

We E. Garcia Perez and S. Garcia Perez and Francisco J. Flores, being severally duly sworn do solemnly swear that the above foregoing is a full and true inventory and appraisement of all the community estate of Dolores de la Garza de Tovar, deceased, and her surviving husband Calixto Tovar, and that as far a we have been able to learn the said deceased left no will and no separate property.

E. Garcia Perez
S. Garcia Perez
Francisco J. Flores

Sworn to and subscribed to before me this 20th day of February A. D. 1890
James O. Luby
Co. Judge D. C.

The State of Texas	}
County of Duval	}

I, Calixto Tovar, surviving husband of Dolores de la Garza de Tovar, do solemnly swear that the foregoing inventory and appraisement contained a full and complete inventory and list of the community property of my deceased wife Dolores de la Garza de Tovar and myself, and there are no claims due or owing to the said estate.
Calixto Tovar

Sworn to and scribed to before me by the same Calixto Tovar this 20th day of February A. D. 1890
James O. Luby
County Judge D. C

Vol. B. Page 63

In the matter of the estate of	} In Vacation. In the county Court of Duval
Dolores de la Garza de Tovar	} County - Probate side

On this twentieth day of February A. d. 1890, it appearing to the Court that the appraisers heretofore appointed have filed in this Court an inventory and list of property of the community estate of Dolores de la Garza de Tovar, deceased, and her surviving husband Calixto Tovar, and which is in due form of law and sworn to and subscribed to as required by law, and the same is further accompanied by the oath of said surviving husband that same is a full true and correct inventory and list of said estate, and that there are no debts due said community estate, the said inventory and appraisement is now, after careful examination;, in all things approved as same is ordered to be recorded in the mites of this Court, and the said surviving husband, Calixto Tovar, having also filed in this Court his approved bond in the sum of Eight thousand and fifty dollars, a sum equal to the appraised value of the whole of said estate, with E. Garcia Perez and S. Garcia Perez, as Sureties, it is now here ordered adjudged and decreed that said surviving husband Calixto Tovar, be and is hereby authorized to control, manage and dispose of such community property in accordance with the provisions of Chapter 28 relating to the administration of community property. Review Statutes of the State of Texas, and the Clerk of the Court will forthwith issue to said Calixto Tovar a certified copy of this order as evidence of his qualification and rights as said survivor of the community. and it is further ordered that said Calixto Tovar pay all costs of the preceding, has herein and of said certified copy and out of the proceeds of said community property, and in due course of its administration, and as a charge against said estate.

Given under my hand and seal of office this 20th day of February A. D. 1890
James O. Luby
Co. Judge D. C.

No. 61

In the matter of the Estate of	} In the county Court of Duval County
Dolores de la Garza de Tovar	} Probate Side - In vacation

Know all men by these present that we Calixto Tovar as principal and E. Garcia Perez and Sevriano Garcia Perez as sureties are held and firmly bound unto James O. Luby, the County Judge of Duval

Continued on page 7

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