Neal v. Bartleson

Citations

• 65 Tex. 478
• 1886 Tex. LEXIS 693

Syllabus

<p>1. Guardianship—Estates of non-resident minors—Jurisdiction of county court —Land certificate—Right thereto property and subject to administration THROUGH GUARDIAN—A CTOF MARCH 16, 1848, (PAS. DIG. 1226) CONSTRUED—In 1829, P. B. immigrated to Texas, and, in 1832, married, he and his family continuing to reside in Texas until 1843, when they moved to the state of Illinois. There were five children born of this marriage, three of whom died in early infancy. The wife died in 1848, in Connecticut, whence she had gone with the children, and the husband died shortly afterwards, in the same year. Their surviving children never returned to Texas, but, after the death of their parents, resided in Connecticut, with relatives. P. B. and his wife, by virtue of their intermarriage, became entitled, under the then colonization laws of Texas,' to a land certificate for a league and labor of land out of the public domain, but they died before this right was perfected. In 1851, one John H. Brown, a resident of Texas, at the request of the children’s relatives in Connecticut, applied to the county court of Calhoun county, Texas, for and obtained letters of guardianship of the estates in Texas of the children, then minors, resident in Connecticut; and in February, 1852, a certificate was issued by the state of Texas, under a special act of the legislature, for a league and labor of land in the name of P. B., their father. In the fall of 1852, this certificate, being the only property, was sold at public sale by the guardian, in pursuance of an order of the county court, to raise means to defray the expenses of the guardianship and for the education and maintenance of the minors, H. becoming the purchaser thereof, for value. The sale was subsequently confirmed by the county court, and the certificate duly transferred to H., who located it upon a league and labor of the public domain in Colorado county; and, in 1874, a patent for the land, in the name of P. B., his heirs or assigns,