Duval County Court Minutes (Probate matters)

1887-1894

Volume B

Page 8

Index of names

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Vol. B Page 72

I, Charles H. Weidenmueller, do solemnly swear that Theodore C. Weidenmueller, deceased and without leaving any lawful will so far as I know or believe, and that I with will and truly perform all the duties of administration of the estate of said deceased.
                                                                        C. H. Weidenmueller

Sworn to and subscribed before me this 9th day of August A. D. 1890
James O. Luby
                     Notary Public Duval County

Approved Aug 9 1890
                     James O. Luby
                     Co. Judge  D. C.

There being no further business Court was duly declared adjourned till next regular Term in Court
      R. B. Glover
      C. C. C. D. C. Texas

Vol. B. Page 73

      Be it remembered that on Thursday Dec. 18, 1890, there was begun and holden, in the town of San Diego, Duval County, Texas, at the Court House thereof a special Term of the Hon. County Court, in and for the aforesaid State and county, for the Purpose of deciding the case of Lunacy of Nestor Garza, the Hon. J. W. Moses, Co. Judge residing and there were present in addition thereto:

Court was duly opened by proclamation of the Sheriff at the Court House Door.
The following case was then disposed of.

      This cause coming on to be heard, came Chas. L. Coyner, in behalf of our said State and Defendant in Person and announced ready for trial. Thereupon came a Jury of good and Lawful men to wit. A. D. Smith, W. W. Meek, Charles Adami, Wm. L. Rogers, A. Becher, M. Cohn who wore duly tried impaneled and sworn according to law and who after hearing Defendant Plead Not Guilty, and the evidence and argument of Counsel, and received the Instructions of the Court, retired to consider of their Verdict, and afterwards to wit, on same day returned into open Court the following Verdict, to wit:

         We the Jury find the following Verdict in the above styled cases.
1st.  Is Nestor Garza of unsound mind?
        Yes
2nd  If the Defendant is of unsound mind is it necessary that he should be placed under restraint?
        Yes
3rd.  If you answer both the forgoing questions in

Vol. B Page 74

the affirmative, then what is the age and Nativity of the Defendant?
        About 65 years old. Born Camargo, Mexico.
4th   How many attacks of Insanity has he had and how long has the present attack lasted?
        The present attack has been of about 18 months duration.
5th   Is Insanity hereditary in the Family of Defendant or not?
        Not that we know of.
6th   Is the Defendant possessed of any estate, and if so, of what does it consist, and its estimated          value?
        Homestead, valued at $6.26 per acre.
7th   If the Defendant is possessed of no estate, are there any persons legally liable for his support? If yea, name them.
        There are none
                                                                                A. D. Smith Foreman 

      Wherefore it is considered by the Court that the Defendant Nestor Garza 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 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 until next regular term in course.
Attest
     Wm. Tinney
    Clerk                                                                            J. W. Moses  Co. Judge

Vol. B Page 75

      Be it hereby remembered that on Monday the 5th day of January A. D. 1891 there was begun and holden at the Court House thereof a Special Term of the Hon. Cjounty Court for Probate Purposes the Hon. J. W. Moses County Judge presiding and there present in addition

The following case was taken up and acted on as follows.

      In the matter of the Estate of Hilerio Benavides, dec'd. it appearing to the Court from the application of Wm. Utley , that the said Hilerio Benavides has been dead for nearly one year, and that he died intestate leaving say $700.00 of Real Estate and personal property worth about $350.00, in all $1050.00 and that there are surviving a widow named Juana and one child a minor of 2 or 3 years of age: the offspring of their marriage, and that there are other children , adults, of his claim as heirs on the part of their deceased Father, by a former marriage and that it is necessary for the interest of the said surviving wife and minor child that a temporary administrator be appointed immediately to look after the personal posterity of the said estate and place and protect the widow in the possession of the homestead. Therefore it is ordered by the Court that the said William Utley be appointed temporary administrator of the Estate of Hilerio Benavides Deceased with the provision above granted until the next regular term of the Probate Court to be held in Duval County upon his giving the necessary bond in the amount of $2100.00 and his subscribing to the oath as administrator as required by law, and Placido Benavides, Ysidor Benavides and Manuel Orasco are appointed as appraisers of the property belonging to the said Estate of Hilerio Benavides, dec'd and that they present their appraisement by the next term of Probate Court.
      There being no further business Court was duly declared adjourned till next regular term in course.
Attest
    Wm. A. Tinny                                                                 J. W. Moses
    Clerk                                                                               Co. Judge  D. C.

Vol. B Page 76

      Be it hereby remembered that on Monday February 2nd  A. D. 1891 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 for Probate Business the Hon. J. W. Moses County Judge Presiding and there were present in addition thereto.

      This day came on to be heard the application of Juan Casas to be appointed Guardian of the person of Antonio Torres and it appearing to the Court that said application Juan Cases is a proper person. It is hereby ordered that he be and is hereby appointed Temporary Guardian of the person of said minor and the Clerk ordered to give proper notice of such appointment, and that he take possession of his Ward in filling a Bond in the sum of $100.00 and qualifying as the law directs.
      Court then took recess till 9 A. M. tomorrow.

Tuesday February 2nd 1891

Court met this 9 A. M. present same as on Monday February 2 1891
The Probate Docket was taken up and the following entries made. Nothing done. Therefore Court took recess until Thursday February 5th 1891.

Court met this 9 A. M. present as before.

      The matter of permanent administration coming up and Wm. Utley appearing, by Attorney Chas. L. Coyner and proper notice having been given and there being no objection filed and no person or persons appearing and presenting any objection, the Court in open Court appoints Wm. Utley permanent administrator of the above Estate and upon filing Bond and qualifying may proceed to administer said Estate. It is further ordered that Inventory and appraisement be filed by May Term of this Court.
      It is further ordered that Wm. Utley administrator be permitted to pay Chas. L. Coyner, his Atty. the reasonable sum

Vol. B Page77

of Twenty Five Dollars Attys. fee in this case.
      This cause is continued for the Term.
      There being no further Business before the court it was declared adjourned until next Term in course.
Attest
Wm. Tinney                                                     J. W. Moses
Clerk                                                                Co. Judge  D. C.

Vol. B Page 78

      Be it hereby remembered that on Monday the 4th day of May A. D. 1891, there was begun and holden in the Town of San Diego, Duval County, Texas a Regular Term of the Honorable County Court, in said for aforesaid County and state Hon. J. W. Moses County Judge Presiding and also Present

Court was dully opened by Proclamation of the sheriff at the Court House Door.
The Docket was then taken up and the following cases disposed of.

This day came on to be heard the Petition of Francisca Rodriquez de Ruiz for the Probate of a certain Instrument in Writing now produced in Court purporting and alleged to be the last Will and Testament of Juan Antonio Ruiz, Deceased, 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 that said Instrument in Writing is hereby admitted to Probate and Recorded as the last Will of said Juan Antonio Ruis, deceased and the testimony shall be recorded in the minutes of this Court.

      It is hereby ordered and Decreed that J. C. Cuellde, Philip Bodet and Francisco J. Flores be and are hereby appointed appraisers to appraise the Estate of the said Juan Antonio Ruiz, deceased, said appraisement to be returned within the time prescribed by law.
      Court then took recess until 9 A. M. tomorrow.

Tuesday May 5th A. D. 1891

      Court met this 9 LA. M. present same as yesterday
      The Probate Docket was then resumed and the following cases disposed of.

The time having expired and no Bond filed according to Law the case is dismissed.
Court then took recess until 9 A. M. tomorrow.

Vol. B Page 79

Wednesday May 6th A. D. 1891

Continued this 9 A. M. present same as yesterday
      No Business coming up to be transacted, Court was duly declared adjourned until next Term in Course.
Attest
     Wm. A. Tinney                                           J. W. Moses
     Clerk C. C. D. Co. Texas                          Co. Judge

      To the Honorable County Court in and for said County. Your Petitioner, Francisca Rodriquez de Ruiz, shows to the Court that she resides in said Duval county, that on the second day of March A. D.  1891 Juan Antonio Ruis, who at and before his death had his domicile in the County of Duval aforesaid. That at the time of his death she said Juan Antonio Ruis, was seized and possessed of a Community interest in real and personal property of the probable value of Four Thousand Dollars, and left a Written Will duly executed and herewith filed, in which your Petitioner was appointed executrix.
Wherefore your Petitioner prays that Citations be issued to all parties interested in said Estate as required by law; that said Will be admitted to probate, and that such other and future orders be made as to the Court may seem proper.

Endorsed  - No. 66. Estate of Juan Antonio Ruiz Dec'd In County Court Duval County Texas Application of Francisca Rodriquez de Ruis for Probate of Last Will and Testament of Juan Antonio Ruiz Deceased filed 12th April A. D. 1891. Wm. A. Tinney C C C Duval County Texas Recorded May 6th 1891 in Book B minutes of the County Court on page 79.    Wm. A. Tinney Clk C. c. D. Co. Texas

The State of Texas

To the sheriff or any Constable of Duval County Greetings,

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 Door door, and no two in the same City, town or village, copies of the following notice.

Vol. B Page 80

with said application which will be heard at next Regular Term of said County Court being on the first Monday in May being May 4th 1891 at the Court House thereof, in the Town of San Diego. At that time all persons interested in said Estate may appear and contest said application and Will if they see proper. Herein fail not under penalty of the Law and of this Court make due return.   Issued the 14th day of April 1891.
Witness Wm. Tinney Clerk of said Court and the seal thereof at office in the Town of San Diego, the 14th day of April A. D. 1891.
                                                            Wm. A. Tinney, Clerk  C. C. Duval County Texas

Endorsed No. 66 In Duval County Court. Estate of Juan Antonio Ruiz, deceased. Issued this 14th day of April A. D. 1891 W. A. Tinney, County Clerk  Returned and filed this 30th day of April 1891.
W. A. Tinney  Clerk

Came to hand 14th day of April 1891 and executed 15th day of April by posting Written notice of the Within in three public places in said County, one of which was at the Court House Door, one at the Post Office in Benavides and one at Concepcion.  John Buckley, Sheriff

Recorded May 6th A. D. 1891 in Book B minutes of the County Court of Duval County on pages 79 & 80.
                                                                  W. A. Tinney  Clerk  C. C. D. Co. Texas

Know all men by these present, that I Juan Antonio Ruis of the County of Duval and State of Texas being 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 hereby declare that all of my property, both real and personal was acquired during my matrimony with my wife Francisca Rodriquez de Ruis, and in consequence, of Which the same is community property.
Second.  I Direct that all my just Debts shall be paid, and that the legacies hereafter given shall after the payment of my debts be paid out of my Estate.
Third.  I give and Bequeath to my Grand child Chrisolfo Ruis the Menada of Mares containing Twenty Five head known as the Menada of the Potraucas? branded with my brand this JR and also all the increase of said Menada and the Proof Jacks running with same, also Two saddle Horses, Two Cows with Calves, one Yoke of Oxen with yokes and Ten acres of Land out of (640) six hundred and forty acres of land in Duval County,

Vol. B Page 81

Texas, known as Survey no. 19. Patented to Juan Antonio Ruiz assayed of H. & G. N. R. R. Co. Land serep. ch 5845.Said Land to be designated and set apart to my said Grandchild by my wife Francisca Rodriques de Ruis.
Fourth.  I gives and bequeath to Dolores Ruis who was married by me three acres of Land out of my homestead location known as Survey No. 2. Patented to Juan Antonio Ruiz in Duval County Texas. Patent No. 87 Volume 8. Said land to be designated and set apart to the said Dolores Ruis, by my wife the said Francisca Rodriques de Ruis. Also Twenty five head of fennel goats.
Fifth.  To Ylano Hinojosa., son of Pedro Hinojosa, and Delores Ruis de Hinojosa, I give and bequeath two cows and calves and one Saddle Horse.
Sixth.  I give and bequeath to my beloved wife Francisca Rodriques de Ruis all of my interest in and to my homestead located in Duval County Texas, known as Survey No. 12. Patented to Juan Antonio Ruiz, Patent No. 87 Volume 8, including all the improvements whereon. Furniture, farm implements, tools and Utensils.
Seventh.  I give and bequeath to my beloved Son Francisco Ruis, and my beloved Daughter Guadalupe Ruis de Soto, the remainder of my Estate share and share alike.
Eighth.  I  nominate and appoint my beloved wife Francisca Rodriques de Ruiz, sole executrix of this my Will and direct that no security be required of her as said executrix.
Ninth.  It is my Will that no other action be had in the County or other Court that may have Jurisdiction over my estate at my demise 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. And I hereby authorize and empower my said executrix to sell and dispose of any portion of my Estate, real or personal, at Public or private sale, and in the manner that may serve to her best, for the purpose of paying my Just Debts saving and excepting however, from such sale and dispensation that portion of my estate herein specifically devised.
In Witness Whereof I have hereunto set my hand this the 1`2th day of February A. D. 1891 in the presence of J. W. Shaw, C. H. Woessner and who attest the same at my request.                                                                       

Vol. B Page 82

The above Instrument now here subscribed by Juan Antonio Ruis, the testator, in our presence, and with his request and in his presence, sign our names hereto as attesting Witnesses.
                                                                                            J. W. Shaw
                                                                                            C. H. Woessner

Endorsed No. 66  Will  This April 12th 1891 Wm. H. Tinney Clerk C. C. D. C. Texas

I, Wm. A. Tinney County Clerk, in and for the aforesaid county and State, do hereby certify that the foregoing instrument -Will - was filed for Record April 14th 1891 at o'clock and duly Recorded May 6th A. D. 1891 at 3 o'clock P. M. in Book B pages 80, 81 & 82.
                      Given under my hand and seal of office, this 6th day of May A. D. 1891
                      Wm. A. Tinney  Clerk C. C. Duval Co. Texas

      On this the 4th day of May A. D. 1891 personally appeared in open Court J. W. Shaw who being duly sworn, deposed and says that on the 12th day of February A. D. 1891, he was present and saw Juan Antonio Ruiz sign the Instrument filed in this Court on the 14th day of April A. D. 1891 and purporting to be the last Will of him, Juan Antonio Ruiz, 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 Juan Antonio Ruiz was over Twenty one years of age and of sound mind.
      That this affiant and Henry Woessner whose signature appears on said Instrument on said 12th day of February A. D. 1891 they being credible Witnesses above the age of fourteen years subscribed their names as Witness to the same in the  presence and at the request of the said testator, and in the presence of each other.
      That afterwards on the 2nd day of March A. D. 1891 said Juan Antonio Ruiz died in the Cjounty of Duval and state of Texas in which he had his domicile and before his Death, and without having revoked said Will so far as known to affiant.
                                                                                           J. W. Shaw

Sworn to and subscribed in open Court before me this 4th day of May 1891
                                                                    Wm. A. Tinney  County Clerk Duval County

Filed 4th day of May 1891 and Recorded 6th day of May 1891 in Book B minutes of County Court of Duval County page 82.
                                                                    Wm. A. Tinney Clerk  C. C. D. C. Texas

Vol. B Page 83

      Be it remembered that on Wednesday the 8th day of July A. D. 1891, there was begun and holden in the Town of San Diego Duval County at the Court House thereof a Special term of the Honorable County Court, and for said County and state for the  purpose of deciding the Case of Crecencio  Vela charged with Lunacy. The Hon. J. W. Moses Co. Judge Presiding, and there was present in addition thereto:

Court was duly opened by Proclamation of the Sheriff at the Court House Door.
The following case ws then disposed of.

      This cause coming on to be heard, came Chas. L. Coyner in behalf of our said state and Defendant in person, and announced ready for Trial. Thereupon came a Jury of good and lawful men to wit:  J. W. Denys, Pedro Eznal, Wm. L. Rogers, Valentine Perez, J. W. Gallagher & Chas. Adame who wore duly tried impaneled and sworn according to Law and who after hearing defendants Plea of Guilty, and the evidence and argument of Counsel and received the instruction of the Court, retired to consider of their verdict and afterwards towit on same day, returned unto open Court the following verdict, to wit.

      We the Jury find the following Verdict in the above styled cause.

      1.  Is Cresencio Vela of unsound mind
            We answer    Yes
     2.   If the Defendant is of unsound mind is it necessary that he should be placed under restraint
            We answer    It is
      3.  If you answer both the foregoing questions in the affirmative, then what is the age and Nativity              of the defendant
           We answer   About 60 years old. A native of Mexico

Vol. B Page 84

      4.    How many attacks of insanity has he had and how long has the present attack existed
             We answer  One attack for last 20 days
      5.    Is Insanity hereditary in the family of Defendant or not
             We answer  Do not know
      6.    Is the Defendant possessed of any estate and if so of what does it consist and its estimated               value
             We answer   According to evidence he has none
      7.    If the Defendant is possessed of no Estate are there any persons legally liable or his support. If               yea, name them
             We answer   Do not know

      We the Jury find the Defendant Cresencio Vela of unsound mind

                                                                                    J. H. Denys, Foreman

      Wherefore it is ordered, adjudged and decreed by the Court that the said Cresencio Vela be committed to the County Jail and there remain until the sheriff of Duval County can have him conveyed to the Asylum at Austin Texas.

      There being no further Business before the Court, it was duly declared adjourned until next term in course
Attest
    W. A. Tinney  Clerk                                                         J. W. Moses  Co. Judge D. C. Texas

Vol. B Page 85

      Be it hereby remembered that on Monday the 3rd day of August A. D. 1891, there was begun and holden in the Town of San Diego, Duval County, Texas, a Regular Term of the Honorable County Court, in and for aforesaid County and State Hon. J. W. Moses County Judge, Presiding, and there were also present in addition thereto

      Court was duly opened by Proclamation of the sheriff at the Court House Door.
      The Docket was then taken up and Court adjourned until tomorrow morning at 9 o'clock A. M.

      Tuesday August 4th A. D. 1891. Court met pursuant to adjournment of yesterday this 9 o'clock A. M. , present same as yesterday. The following proceedings were had.

      The application of Guadalupe Ruis, one of the Heirs to require the executrix to give Bond coming on to be heard. The motion of the attorney for administration to require the complainant to give a Cost Bond was overruled.

      The ________? of Atty. for the executrix to the Petition of the complainant asking that executrix give a Bond overruled and Court decides to hear evidence on the necessity of a Bond.

      It is ordered by the Court that the repetition of the 9th article on line 4 & 5, be stricken out so as to make the record of the Will of Juan Antonio Ruiz strictly conform with the said Will.

Continued on page 9

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