Tom Johnston Becomes Guardian to his Own Children

Newspapers sometimes gives clues to events that one would otherwise not know about. Such was the case when last week I was searching Comanche, Texas and Stephenville, Texas newspapers for articles about my great-aunt, Beryl Johnston for my weekly Saturday Night Genealogy Fun blog post.

One of the articles I found was about a court hearing to appoint Thomas N. Johnston temporary guardian for the children Beryl Johnston, Mildred Johnston, Tom Johnston Jr, Hal W Johnston, and Luther Johnston, minors.[1]

The notice stated that on the 12th day of December, he was duly appointed Temporary Guardian and the appointment would be made permanent unless “the same shall be successfully contested at the next term of said Court, commencing on … 6th day of April 1924 [should be 1925] at the Court House…”

So my first thought was, what had the children inherited? Usually under-aged children need a guardian to handle an estate given to them. Since their father was still alive, it must be another family member, such as a grandparent who left them the property. Who had died in 1924? Thomas’ father, Rueben Mack Johnston, had died 4 May 1924 in Gustine, but there was not a probate for him in the index.[2] Thomas’ wife, Nell Hutson Johnston, died 14 Jul 1919.[3] Her mother had died three years previous on 26 Sept 1916.[4] And lastly, Nell’s father, Peter H Hutson, did not die until 9 October 1930.[5] The only way to be sure was to find the actual court records.

I found the “Citation on the Appointment of Temporary Guardian” in the Comanche County Court Minute Book.[6] The following pages also concerned this case.[7] These documents alternated between using Johnson and Johnston as the surname. This was very common in the county. Even the newspapers spelled their names both ways.

In the application, Tom stated:

“That said minors are entitled to an estate consisting of real estate, which is situated in Comanche County, Texas, of the probable value of one thousand ($1000) dollars. That the mother of said minors is deceased, and resided in Comanche County, Texas, at the time of her death; that the father of said minors survives and resides in Comanche County, Texas. That said estate to which said minors are entitled may now be profitably disposed of by sale, and that the interests of said minors and their estate require the immediate appointment of a Guardian of said minors.”

This document points to the property probably coming from the mother’s side, as he mentioned that she is deceased.

From these documents I learned the children received a 1/10 undivided share in a piece of property in Gustine, Texas as described:

Lot 1, Block 23, Original ad. Town of Gustine, Comanche County, Texas.  Valued at $200.00.

J. W. Robinson and B. W. Speed were bonded with T. N. Johnston as sureties for the amount of $250.00. I do not at this time know who J. W. Robinson is, but B. W. Speed was Tom’s brother-in-law. B. W. Speed’s wife, Coreta was Nell’s sister.

These court records in the minute book did not give the case number, but with some browsing of the case files, I was able to find the original case documents.[8]

There were some additional documents in the probate packet, especially the documents concerning the sale of the property. Tom claimed the property provided no income for the children and requested an order to sell said property share at a private sale. This land was described further as:

“All that certain tract or parcel of land situated in the Town of Gustine, Comanche Co, Texas and being a part of the CH Clarm Survey; Beginning 60 ft S 71 E from EB Boyles’ SE corner; thence S 71 E 150 vrs; Thence N 19 E 75 vrs; thence N71W 150 vrs, thence S19W 75 vrs to the place of beginning.”[9]

Vrs are short for varas, a unit of measurement used from the Spanish days. The description also said that this is the same land shown in a deed from Selman and wife to Hutson, dated on April 13, 1905 in volume 111, page 283.

So of course to learn more, I found the deed mentioned above. It was interesting that the date of the sale was in 1905, but the deed was not recorded until 27 December 1919. The deed was between R. L. Selman and his wife, Julia P. to P. H. Hutson, for the sum of $300. There included three promissory notes that totaled $400, payable over three years until April 1908.[10]

R. L. Selman was Robert Louis Selman, Sarah Helena Selman Hutson’s (P. H. Hutson’s wife) brother. So this indicates that the land did come from Thomas’ wife’s family from Pete H. Hutson to Nell, his daughter, and his other living children. But I cannot figure out how the Johnston children received 1/10th. Who had the other 9/10ths?

And why would the children receive a 1/10 share this land if Peter H. Hutson was still alive? It certainly is a mystery that I have yet to solve.

Tom did have permission to sell the share in a private sale and he sold it to Mrs. B. W. Speed on 16 Feb 1926 for $80.[11] I don’t know why it took another year for the sale.

With these loose papers from the case file, I have several examples of Thomas’ signature.

I also have Beryl’s signature when she signed to waiver her right for personal services and chose Tom Johnston as guardian because she was over fourteen years old.[12]

Conclusion

So check out newspapers and don’t just look for obituaries. Those legal notices can help tell a story, too!

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[1] “State of Texas,” Comanche Chief, 13 Feb 1925, p. 3, col. 2, digital image, The Portal to History (http://texashistory.unt.edu/ : accessed 14 Mar 2020).

[2] For death, see “Another Pioneer Gone,” Comanche Chief, 15 May 1924, p 4, digital image, The Portal to History (http://texashistory.unt.edu/ : accessed 17 Mar 2020). There is no index between 1919 and 1925 on FamilySearch. The probate minutes (v. K) was viewed by browsing from his death date up to the February 1925.

[3] "Mrs. Tom Johnson Dead," Comanche Chief, 18 Jul 1919.

[4] "Texas Deaths, 1890-1976," digital image, FamilySearch (https://familysearch.org); citing Texas Department of Health Bureau of Vital Statistics, no. 17663, Mrs. Sallie H. Hutson, 1916; FHL 2,051,689.

[5]"P. H. Hutson Buried Friday," Comanche Chief, 17 October 1930, p 4, digital image, The Portal to Texas History (https://texashistory.unt.edu : 15 Mar 2020).

[6] Comanche County, Texas, Probate Minutes, v. Ka, pp 278-79, Citation on Appointment of Temporary Guardian, Johnston Guardian, digital image, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QS7-L97S-Z2SX?i=9&cat=1851126), image no. 10-11.

[7] Ibid., Comanche County, Texas, Probate Minutes, v. K, p. 111-13, “Application,” “Order Appointing Temporary Guardian,” “Oath and Bond of Guardian,” “Inventory and Appraisement,” “Order approving Inventory etc.”

[8] Comanche County, Texas, Probate case files, no. 1521-1550, 1866-1937, case no. 1550, the Estate of Johnson Minors, digital images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:S3HT-DTH7-2NT?i=492&cc=1831470&cat=1851126 : accessed 19 Mar 2020), image 493-517.

[9] Ibid, “Application to sell Real Estate,” image 510-511.

[10] Comanche County, Texas, Deeds, v. 111, p. 283, digital image, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:9Q97-YSJV-SZ7?mode=g&cc=1831470&cat=1851132), image 284.

[11] Comanche County, Texas, Probate case files, no. 1550, Report of Sale, images 514-515.

[12] Ibid., Case no. 1550, Waiver, images 502-503.

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