Duval County Court Minutes (Probate matters)

1887-1894

Volume B

Page 9

Index of names

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Vol. B Page 86

      In the matter of the Estate of Eustacio Montalvo. The annual account for 1890 appearing to have been sworn to and proper notice having been given the annual account and exhibit is approved and ordered filed.

      It is ordered that the said administrator file his yearly account and exhibit by the next regular term of this Court.
      Court then took recess until tomorrow at 9 A. M.
      Court met this 9 A. M. present were same as yesterday.

      The Court after hearing the evidence in favor of and against the application of Guadalupe Ruis, to require the executratrix Francisca Ruis to give a Bond, has decided that there is not any proof that the said executrix is wasting the property of the Estate and as the Last Will and Testament of the said Juan Antonio Ruis provided that the said executive should not be required to give a Bond the Court in the absence of proof of wastage refuses the application for a Bond, and has decided that the executratrix shall not be required to give the Bond as  prayed for in Plaintiffs Petition.

      The applicant of administration in this cause not appearing in person nor by Counsel. It is hereby ordered by the Court that this cause be continued until next regular term of this Court. To Wit  November 2, A. D. 1891

Vol. B Page 87

      Wm. A. Tinney presented his Report to the Court showing that a special Term in July of this Hon. Court the following named Jurors in Case No 68. The State of Texas vs. Crecencio Vela Lunatic and were entitled to receive therefor the sum of Two Dollars per Day  viz J. H. Denys, Chas. Adame, Wm. L. Rogers, Valentine Perez, Pedro Eznal and J. H. Gallagher making the total amount $12.00.

      There being no further Business Count adjourned until next term in Course
Attest  Wm. A. Tinney                                                 J. W. Moses
             Clerk  Duval Co. Texas                                  County Judge  D. C.

Vol. B Page 88

      Be it Remembered, that on Wednesday August 26th A. D. 1891 There was begun and holden a special Term of the Hon. Co. Court in and for Duval County at the Court House thereof in said County. Present Hon. J. W. Moses Co. Judge Presiding and there were also present

      Court was duly opened by Proclamation of the sheriff at the Court House Door.
      Then the following case was taken up and disposed of

      This case having been called for a hearing in Chambers and it appearing that the man Alauious Guerra disclaims any responsibility, the Court has decided to give the Custody of Alfredo Ariano, the minor to Hilario Villarreal who is the God Father of the said minor, now 6 years old. And said Villareal to have the Custody of said child until he has attained his 14th year at which time he may choose his Guardian.
      There being no further Business Court adjourned until next term in Course.
Attest
      Wm. A. Tinney     C. C. C. D. C. Texas                                  J. W. Moses  Co. Judge

Vol. B Page 89

      Be it Remembered that on Friday August 28th A. D. 1891 There was begun and holden a special Term of the Hon. County Court in and for Duval County at the Court House thereof in the Town of San Diego in said County for Probate matters. Present Hon J. W. Moses Co. Judge Presiding, and there were also present

      Court was declared open by Proclamation at the Court House Door
      Then the following Cause came up for trial and disposed of

      This cause called for a hearing this the 28th day of August 1891, in Chambers, and it being made apparent to the Court, that Guadalupe Villareal the Father of the minor Tomas, has the legal right to the custody of said minor. It is decreed by the Court that the custody of said Tomas Villareal be and remain in the Father Guadalupe and that he have Judgement for costs & ?
      There being no further business Court adjourned until next Term in Course.
Attest
   Wm. A. Tinney                                          J. W. Moses
    Clerk D. C. Texas                                      Co. Judge Duval Co.

Vol. B Page 90

      Be it Remembered that on Monday November 2nd A. D. 1891 there was begun and holden at San Diego Duval County, at the Court Hose thereof a Regular Term of the Hon. County Court in and for said County for Probate matters. Present Hon. J. W. Moses Co. Judge thereof presiding and there was present in addition thereto

      Court was declared open by Proclamation of the sheriff at the Court House Door.
      The Probate Docket was then taken up and court took recess.

      Wednesday Nov. 3rd.

      To the Hon. County Court of Duval County Texas, sitting in matters of Probate. Hon. J. W. Moses presiding.
Bettie Spence, a pure sole, resident of the said County of Duval and state of Texas to your Honor respectfully represents that one Lucretia Spence, resident of the said county of Duval and state of Texas, on or about the ninth (9th) day of November A. D. 1884, was the owner among other real and personal property in said County, of certain lands, situated in said County and described as follows to wit.
1st. Four (4) tracts of land of six hundred and forty (640) acres each, immediately adjoining each other, about twenty one (21) miles from the Town of San Diego upon and near the headwaters of the San Diego Creek, said survey, each patented to and in the name of Robert Spence, by the State of Texas, and more particularly bordered and described in said Probate of present said Coty of Duval, to which reference is now here made for greater certainty.
2nd. One (1) survey or Precuption of one Hundred and sixty (160) acres patented to and in the name of R. N. Johnson the said survey lying in the cache of and surrounded and adjoined by the said described four six hundred and forty (640) acres survey. Said Precuption duly patented by the state of Texas. Said Patent of Record in said County of Duval and now here referred to for grater certainty of description. That on or about said date, to wit, the ninth day of November A. D. 1884, the said Lucretia Spence died in said County and state in the Town of San Diego, leaving a Will made and executed in due form of law with all the formalities prescribed and required by law. A copy of said Will being now hereto attached and made part hereof, and marked Will of Lucretia Spence deceased. Exhibit A the original said Will

Vol. B Page 91

being now herewith filed for Probate on this day with the Clerk of the Court.
    That by the terms of said Will the said Lucretia Spence devised all of the lands owned by her including among other lands, all of the said five (5) tracts, herein before described, to her son Robert Spence, the deceased husband your applicant Bettie Spence.
     That thereafter to wit on or about the seventh day (7th) day of January A. D. 1885 the said Robert Spence made sole executor by the terms of said Will filed the same for and made due application for the probate of the same, in the County (Probate) Court of said County of Duval and after due proceedings had, said Court did on the sixth (6th) day of April A. D. 1885, enter its order probating said Will as the true and legal last Will and testament of the said Lucretia Spence, and appointing  the said Robert Spence Executor thereof, that said Robert Spence duly qualified as such executor and caused to be filed on and appointed by said Court as Inventory appraisement of the said Lucretia Spence as required by law, no further action in said Court being necessary as said Will was by its express terms and Independent one.
      That by the terms of said Will one Mrs. Jessie Ann Capp (nee Spence) was given certain personal property consisting of live stock and the said Robert Spence was also required to pay to her as a legacy the sum on One thousand Dollars ($1,000.00) out of his own funds.
    That thereafter the said Robert Spence duly delivered all of the said personal property and paid to the said Jessie Ann Capp the said sum of One Thousand Dollars all in full compliance with the terms of the Said Will.
      That thereafter the said Robert Spence in due form of law, sold and conveyed to your applicant Bettie Spence all of the said hereinbefore described as her separate property and estate, and all of the said land is still owned and occupied by her your said applicant.
      That a few months since  your applicant was informed by counsel and as changes the fact to be that the supposed probate of said will as hereinbefore noted was null void and of no force

Vol. B Page 92

of affect in the law, because at the time said order and action of the said Court was had in and about the Attempted and supposed Probate of said Will, no legal or valid term of said County Court could be held for the transaction of Probate Business under the Constitution and laws of this state. Wherefore said attempted Probate of said Will was and is null and void and said will not proven or probated.
      That applicant was without fault or negligence in the premises. That said Will is a necessary link in the Chain of Title your applicant to the said land and of the same be out duly proven, probated and recorded. She will probably suffer loss and damage thereby. That the said Mrs. Jessie Ann Coff is the daughter and only living Child of the said Lucretia Spence, and as with her husband George Coff resident of Cotulla in the County of La Salle and State of Texas. That the only heirs of said Lucretia Spence are the said Jessie Ann Capp, and the minor children of applicant and the said Robert Spence (4) four in number to ___? Bettie Spence, Robert Spence, Eugene Spence & Lona, now living in said County of Duval with their Mother, your applicant.
     That applicant now here makes Exhibit to and part of this application, all of the required papers, orders and decrees of your Honors court, in said attempted probate of said Will said matter being numbered (38) Thirty Eight Estate of Lucretia Spence deceased, and prays that they be so taken and considered.
      The premises considered, your applicant prays that after due certation, notice and due proceeding had the said Will of said Lucretia Spence be proven and duly probated as provided by law, and for all genial relief & c.
                                                                     Bettie Spence  Applicant
                                                                     per her attorneys Wells, Slaytin & Kleburg

Vol. B Page 93

      Know all men by these present, that I Lucretia Spence of the Count of Duval & state of Texas, being of sound mind and disposing mind and memory, do make and publish this my last Will and testament, hereby revoking and annulling all former wills by me at any time heretofore make.
first  I direct that all my just debts shall be paid and that the Legacies herein after given shall be paid out of my Estate after the payment of my debts.
Second.  I give, devise and bequest unto my son Robert Spence, all the land, lands and real property that I possess & might possess lying in Duval County state of Texas.
Third.  I give devise and bequeath to my daughter Jessie Ann Copp, seventy head of finale cattle that I possess sa_ging in Duval County or thereabout, also to my said daughter Jessie Ann Copp seven head of horses, also to my said Daughter I give and devise four hundred head of goats.  I further request and direct that my son above named Robert Spence shall in consideration of the Lands hereby devised to him as in above stated, pay unto my daughter Jessie Ann Copp with in five years from the date of my death the sum of One Thousand Dollars. I also request and direct at my death I shall be brought to my ranch and there buried along  side of my deceased son John J. Lane Spence and that in due time a head stone shall be placed over my tomb. I further request and direct that this my Will shall be probated at the first term of the County Court of Duval County holding session after my death and that no further proceedings be had in said Court in relation to the settlement of my estate, than the probating and recording of my Will and the returning of an Inventory appraisement and list of Claims of my Estate.
Lastly I hereby nominate, constitute and appoint my son Robert Spence sole executor of this my last will and testament, but that letters testamentary be issued to him without any bond being required.

Vol. B Page 94

      In testimony whereof I have herewith sat my hand this 20th day of October A. D. 1884 in presence of A. L. Muil, J. F. Monnitt and F. C. Gravis who attest the same at my request.

The above Instrument was now here on the day and year last above matter signed and subscribed by Lucretia Spence and declared it to be her Last Will and testament in her presence, and we and each of us, at her request, sign the same as witnesses in her presence and in the presence of each other.
                                                                         Signed          Frank C. Gravis
                                                                                              Adam L. Muil
                                                                                              James F. Mount

Endorsed No. 67 In the matter of the probate of the Will of Mrs. Lucretia Spence deceased, application of Mrs. Bettie Spence for Probate & c. Filed May  5th A. D. 1891. W. A. Tinney  Clk. C. C. D. C. 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 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 Lucretia Spence Deceased. Mrs. Bettie Spence has filed in the County Court of Duval County, an application for the Probating of the Will of the said Estate of Lucretia Spence deceased which will be heard at the next regular term of the Hon. County Court to be begun and holden on Monday the third day of August A. D. 1891 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 see proper. Herein fail not under penalty of the law and of this make due return. Issued the 17th day of June 1891.
                                        Wm. A. Tinney Clerk  C. C. Duval County
No. 67 in Duval County Court Estate of Lucretia Spence Deceased. Issued this 17th day of June A. D. 1891 W. A. Tinney County Clerk  Came to hand 17th day of June 1891, and

Vol. B Page 95

executed 23 day of June 1891 by posting written notice of the within at the Court House Door, one at Benavides P.O. and one at Concepcion P.O. John Buckley & Lenff (?). Returned and filed this 22nd day of June 1891.  Wm. A. Tinney Clerk

      This day came on to be heard the Petition of Mrs. Bettie Spence, for the Probate of a certain Instrument of writing heretof0rce filed in this court in the 7th day of January A. D. 1885 and now produced in Court purporting and alleged to be the Last Will of Mrs. Lucretia Spence, deceased, and it appearing to the Court that another four years have elapsed since the Filing of said Will, that the applicant herein the said Bettie Spence was not in default in failing to present the same for probate with in four years  from the date of filing thereof in this Court.  That the probate of said Will is necessary to establish a link in applicants title to certain Lands as set out in her Petition herein filed, and it appearing from the records of this Court that on the 6th day of April A. D. 1895, the said Will was improperly admitted to probate for this that the said 6th day of April A. D. 1885 was not a regular term of this Court. That the terms of the County Courts for probate and other matters on which they had Jurisdiction, were changed by Constitutional amendment so that the terms of the respective County Courts were required to be held until otherwise provided in the first Mondays in February, May, August and November, said amendment of the Constitution of the State of Texas having become operative by proclamation of the Governor of the State of Texas, on the 25th day of September A. D. 1878.
      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 record as the Last Will of the said Lucretia Spence, deceased and the testimony shall be recorded in the minutes of this Court.
                                                          J. W. Moses                        County Judge
                                                                                                         Duval County Texas

Vol. B Page 96

      Know all men by these present, that I Lucretia Spence of the Count of Duval & state of Texas, being of sound mind and disposing mind and memory, do make and publish this my last Will and testament, hereby revoking and annulling all former wills by me at any time heretofore make.
first  I direct that all my just debts shall be paid and that the Legacies herein after given shall be paid out of my Estate after the payment of my debts.
Second.  I give, devise and bequest unto my son Robert Spence, all the land, lands and real property that I possess & might possess lying in Duval County state of Texas.
Third.  I give devise and bequeath to my daughter Jessie Ann Copp, seventy head of finale cattle that I possess sa_ging in Duval County or thereabout, also to my said daughter Jessie Ann Copp seven head of horses, also to my said Daughter I give and devise four hundred head of goats.  I further request and direct that my son above named Robert Spence shall in consideration of the Lands hereby devised to him as in above stated, pay unto my daughter Jessie Ann Copp with in five years from the date of my death the sum of One Thousand Dollars. I also request and direct at my death I shall be brought to my ranch and there buried along  side of my deceased son John J. Lane Spence and that in due time a head stone shall be placed over my tomb. I further request and direct that this my Will shall be probated at the first term of the County Court of Duval County holding session after my death and that no further proceedings be had in said Court in relation to the settlement of my estate, than the probating and recording of my Will and the returning of an Inventory appraisement and list of Claims of my Estate.
Lastly I hereby nominate, constitute and appoint my son Robert Spence sole executor of this my last will and testament, but that letters testamentary be issued to him without any bond being required.
  In testimony whereof I have herewith sat my hand this 20th day of October A. D. 1884 in presence of

Vol. B Page 97

A. L. Muil, J. F. Monnitt and F. C. Gravis who attest the same at my request.

The above Instrument was now here on the day and year last above matter signed and subscribed by Lucretia Spence and declared it to be her Last Will and testament in her presence, and we and each of us, at her request, sign the same as witnesses in her presence and in the presence of each other.
                                                                         Signed          Frank C. Gravis
                                                                                              Adam L. Muil
                                                                                              James F. Mount

Endorsed Filed Jany 7th 1885 R. Bylon C C C D C Tx
No 67 Estate of Lucretia Spence Decd Filed Nov. 2nd 1891 Wm. A. Tinney Clerk D C Texas

On this the third day of November A. D. 1891 personally appeared in open Court A. L. Muil who being duly sworn deposes and says that on the 20th day of October A. D. 1884 he was present and saw Mrs. Lucretia Spence sign the Instrument filed in this Court on the 7th day of January A. D. 1885, and now shown to have bearing date the 20th day of October A. D. 1884 and purporting to be the  last will and testament of her the said Lucretia Spence and heard her publish and declare the same to be her last will and testament, and that at the time of signing and publishing the same the said Lucretia Spence was over twenty years of age and of sound mind. That the affaint. and J. F. Mount and F. C. Gravis, whose signatures appear on said instrument, on the 20th of October A. D. 1884, they being credible witnesses above the age of fourteen years subscribed their names as witnesses to the same, in the presence of and at the request of said testarix and in the presence of each other. That afterwards on the 9th day of November A. D. 1884 said Lucretia Spence died in said County of Duval in which she had her domicile at and before her death and without having revoked said will so

Vol. B Page 98

for as known to affiant.
                                        A. L. Muil
Sworn to and subscribed in open Court before me this 3rd day of November A. D. 1891
                                       Wm. A. Tinney Clerk Co. Court Duval Co. Tx.
Endorsed No. 67. In the matter of the probate of the Will of Mrs. Lucretia Spence Deceased, evidence of A. L. Muil
Filled Nov 3rd A. D. 1891 Wm. A. Tinney C C C D Co. Texas

                                     Court took recess until Thursday Nov. 6 1891
Thursday November 6th 1891 Court met this 9 A. M. present as before

      It appearing that the Administrator had not been notified . It is ordered that the Clerk serve the proper notice and the administrator be allowed until the next Term to file his yearly account and exhibit.

There being no further Business before the Court it was adjourned until next term in course
Attest  Wm. A. Tinney
              Clerk C. C. D. Co Tx

Vol. B Page 99

      Be it Remembered that on Monday February 1st A. D. 1892, there was begun and holden at San Diego, Duval County at the Court House thereof, a Regular Term of the Hon. County Court in and for said Count, for Probate matters. Present Hon. J. W. Moses Co. Judge thereof presiding and there was present in addition thereto

      Court was declared open for Business by Proclamation of the sheriff at the Court House Door.
      The Probate Docket was then taken up and Court took recess until Wednesday February 3rd A. D. 1890
      Wednesday February 3rd A. D. 1892 Court met this 9 o'clock A. M. present as before

Vol. B Page 100

      The Court then took Recess until tomorrow morning at 9 o'clock A. M.
      Thursday February 4th A. d. 1892. Court met this 9 o'clock A. M. present same as yesterday.
      There being no further Business before the court. It was adjourned until next Term in course.
                      Wm. A. Tinney                                                                   J. W. Moses
                       Clerk C C D. Co. Tx                                                                Judge

Vol. B Page 101

      Be it remembered that on Monday May 2nd A. D. 1892 at San Diego Duval County Texas at the Court House thereof a Regular Term of the Hon. County Court of said County for Probate matters. Present Hon. J. W. Moses county Judge thereof Presiding and there was present in addition there to

      Court was declared open by Proclamation of the Sheriff at the Court House Door.
      The Probate Docket was then taken up and the following proceedings were had.

      It is ordered that the Guardian file the Annual amount be filed prior to the next term of Court.

It is ordered that the Administrator file Annual Account & continued.

Continued on page 10

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