82
TEXAS STATE LIBRARY
lands to soldiers in the Texian War of Independence> the rights of heirship, and the distribution of intestates' estates, were governed by the laws of Spain; but "all proceedings" in relation to such estates were regulated by the laws of Louisiana. Under the Spanish law, relatives entitled to inherit are divided into three classes, to wit: Descendants, ascendants, and collaterals, who are preferred in their: order. 1. Descendants hold the first place without regard to sex-chil- dren first, and in their default, grand children. Grand children of deceased patents inherit, in right of their deceased father or mother, in connexion with their uncles and aunts. 2. In default of descendants, ascendants inherit-parents, grand parent~, &c. 3. If ·there be neither descendants nor ascendants, collaterals suc- ceed in the following order-1st, Brothers and sisters; 2d, Nephews and nieces, who also inherit, with their uncles and aunts, in right of deceased parents; 3d, After which the estate goes to the nearest of kin, accorcli'ng to the degrees of the civil lnw, to the tenth degree, and in the nbsence of relations within that degree, the wife, if there be one, is entitled to the entire estate. , The courts of Texas are inclined to treat the lands granted to de- ceased soldiers as community property, where the deceased left a widow, and in such case the widow is entitled to one-half of the land, not by inheritance, but as the survivor of her deceased husband. The accompanying Power of Attorney will be executed by the heirs claiming the estate. In filling the blanks, the party will state in what right he claims, whether as a child, grand child, parent, grand parent, brother or sister, nephew or niece, &c., &., of the deceased soldier. The Power of Attorney must be acknowledged before some Com- missioner appointed by the Governor of 'l'exas to take acknowledge- ments for the ::-itate in which such acknowledgement may be taken, and be attested by his seal as such Commissioner. If taken before a Com- missioner it will need no further authentication. The acknowledge- ment may also be taken before the judge of any court of record in the Sfate where taken, in which case the authority of the judge to act as such, must be certified by the Secretary and be attested by the Seal of State. Proof of the heirship of the party claiming, and his relationship to ·the deceased, must be made by at least two eredi ble witnesse.o, who will take and subscribe the oath, the form of which accompanies the Power of Attorney. In all ca~es where others than descendants claim, the affidavit must state that tl1e applicant is the nearest liYing relative to the 1leceasecl. In all cases the applicant must prove that he is entitled to the estate claimed, under the rules of descent and distribution as aboYe stated. If the claim is made by the widmv, for half the land as surviror of her husband, the affidavit must state that she is such widow and sur- vivor, and that ~be was the wife of the deceased, to the knowledge of affiants; or was generally reputed as such. If record evidence of the marriage exists, nn authenticated copy should be obtained and for-
Powered by FlippingBook