Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-12-03

Reyes, J. Z. Keller and Virgins +.
de Espsrza, defendants, - sureties
on said bond were seversily, indi-
vidually and collectively and jointly
liable on the aforesaid bond in the
sum Of $6l55.0S. That on the 25tn
day Of September 1928, the Honor
able Oscar c. Dsncy appointed your
petitioner, A. H. Fernandez the sub
sequent administrator of said estate.
Said petitioner A. H. Fernandez "a
also appointed Guardian Of the
minors, Virginia Garcia. Angel
Garcia and Petra Garcia, the other
legatee and heir at Law Guadalupe
Garcia having reached his. majority
shortly prior to the said date. That on
the 22nd day Of October, 1928, your
petitioner A. ii. Fernandez took the
oaths required by law and executed
the required bonds and qualified as
administrator with the will annexed
Of the estate Of said Cecelio r. de
Garcia, deceased, and as guardian of
the persons and estates of said Vir-
ginia Garcia, Angel Garcia and Petra
Garcia. That by reason of the fore
going defendants having executed
the above described bond Of 10000
and the breach Of the condition Of
said bond and converting by the
principal Of said bond Guillsrmo
Reyer Of the assets Of said estate IN
the sun of s6l55.oS. plaintiff Guada-
lupe Garcia shows that he mas q
beneficial interest in said bond and
in the performance of its conditions
and herein sues for recovery on said
bond as his interest may appear.
That said defendant Guillermo Reyes
secretes or hides himself in such a
manner that process of law cannot be
served upon him; that he is insol-
vent and is not worth the sum OF his
bond, nor the assets converted to his
own use and benefit. That your Pc
titioner, A. H. Fernandez has in
formed said Inocente c. de Reyes,
J.. z. Keller and Virginia r.
de Espsrza, defendants, of the
conversion made by said Gui-
llermo Reyes Of the assets Of said
estate and that said defendants well
know said facts, and notwithstanding
same they have not caused him 10
return and restore the assets of said
estate. That petitioner has made de-
mand of said Inocentc c. de Reyes,
J. Z. Keller and Virginia r. de Es-
para, defendants, for said sum of
~S6l55.0s, in accordance with their
bond and undertaking; that said
above mentioned defendants and
sureties ignore and refuse to pay
said sum Of money in breach Of the
condition of their said bond. That
said above mentioned legatees are
minor children. with the exception of
Guadalupe Garcia. who has attained
his majority. That they have no
money whatever to support or main
tain themselves. That they had no
means or money with which to pur-
chase food or clothing since the said
Guillermo Reyes absconded with
their funds. That they were left
penniless and are at the present time
in very necessitous circumstances.
That they owe numerous bills for
clothing. food and other rss ~ssities.
That by reason Of being less
they have not been able to d
school for the present term enc ~
suffered pain upon their body. fez
ings and emotions unnecessarily. to
their actual damage in the sum Of
100000. That by reason of the said
Guiliermo Reyes vantonly. inten-
tionly and maliciously abs ondinr
with their only means Of livelihood
they have suffered shame and lost
their schooling. to their damage as
punitive damages in the sum Of
Wherefore. Premises Considered.
Plaintiff Administrator Of the estate
Of Cecilia r. de Garcia, deceased. and
Guadalupe Garcia. pray the court
that defendants be cited to appear
and answer herein this petition and
that plaintiffs have judgment as
their interests may appear against
said defendants jointly. se~verslly
and individually for the sun Of
S6l55.os with interest thereon from
the LIST day Of September '92s. at the
rate of 10 per cent per annum and
that judgment be entered against
defendants in the sum of 100000.
damages, actual and punitive: for
general and special relief in law and
in equity and for all costs in this
behalf incurred.
(SEALl
WITNESS. JNo. p. SCANLAN,
Clerk Of District Court in and
for Cameron County. Texas.
By NJ. j. Herman, Deputy.
A true copy I certify.
Jno. P. Seaman, Clerk. District
Court, Cameron County, Texas.
BY NJ. j. McTiernan, Deputy.