Martínez de Cordova et als Plaintiffs v. Henry Korte

Date: 1886 to 24 Aug 1895
Location: Albuquerque, New Mexico, United States
Surnames/tags: Metzger Korte New_Mexico

DOLORITAS MARTIN DE CORDOVA et al., Plaintiffs, vs. HENRY KORTE et al., Defendants No. 582, SUPREME COURT OF NEW MEXICO 1895-NMSC-005, 7 N.M. 678, 41 P. 526 August 24, 1895 Appeal, from a Decree in Favor of Defendant, from the Fourth Judicial District Court, San Miguel County.

Note: In the lawsuit, the deceased is referred to as Frederick Metzger, instead of Franck or Frank Metzger.

Contents 1 Background 2 The Lawsuit 3 Conclusion 4 Footnotes

Background

Frederick Metzger died about 1885. For years prior, he ran a mercantile store and other businesses with Henry Korte, as partners. Henry was also married to Metzger's natural daughter Juanita Metzger. The businesses appear to have been successful based on the luxuries and income Metzger paid taxes on every year. Before his death, it is rumored that he sold out his half of the business to Korte, retired and lived with Henry and Juanita until his death.

There is no record of Metzger ever marrying. In the early 1860s, he had 3 natural daughters with Maria Viviana Martínez, Juanita's half-sister. Although there are other women possibly connected to him as daughters, there is no source material to support them as being biologically related.

The Lawsuit

Note: I have a copy of the entire case but it is over 300 pages. This is a highlight of the main points.

When Metzger died, his three daughters with Viviana Martin, Maria Dolores (Lola), Josefita and Isabel Metzger, filed a lawsuit stating:

• "The bill, briefly stated, avers that Metzger died in Mora county in 1885, possessed of a large real and personal estate, consisting of merchandise, cattle, horses, ranches, and farms; that Metzger, at the time of his death, was in partnership with Korte, under the name of Henry Korte; and that Metzger had made conveyances of all of his property to Korte, which were really intended for the use of the partnership conducted under the name of Henry Korte, and had contributed $100,000 to the firm, which was indebted to him in that sum at the time of his death. The bill further avers that Korte took out letters of administration upon Metzger's estate, and falsely and fraudulently inventoried the property as of the value of only $180, and that he had refused to account for the balance. It is also alleged that complainants are the children of Metzger, an unmarried man, and of one Viviana Martin, an unmarried woman, and that Metzger left surviving him, no other natural children or descendants."^[1]

• "The defendant's answer denied all of the material allegations of the bill, and alleged that Metzger left surviving him one María Juana, the wife of Korte, a natural child of Metzger, by whom she had been adopted."

When the case went to the appellate court, all sides agreed that the court should appoint a Master to conduct interviews and report his findings. Despite considerable evidence that the partnership was ended, including,

• "On the part of the defendants, witnesses were introduced to show that Metzger ceased all control of the store and other property after the conveyances, and had repeatedly said that he had sold out to Korte, and a receipt for the consideration named was also shown in evidence..."

the Master concluded that no money ever changed hands, that Metzger was still very much a partner at his death, and most important, that he had no intention of disinheriting his children. He recommended a decision in favor of the complainants. Henry Korte filed exceptions to the Master's report, the appellate court sustained the exceptions and ruled that the case be dismissed. The complainants appealed and it was sent to the New Mexico Supreme Court.

The Supreme Court ruled that unless there are obvious errors or an issue with the evidence not supporting his finding, the ruling of the Master should be followed. They sent it back to the lower court with directions to

• "...the district court to enter a decree in conformity with the findings and recommendations of the master..."

Conclusion

Since Henry Korte had died by the time the case was finally settled, it was up to his children to pay the daughters their inheritance.

Unfortunately, the ruling didn't address whether Juanita Metzger was considered an heir or if it was only the three daughters of Viviana Martin. What was clear was that the court didn't recognize any other children as heirs.

Footnotes

1. ↑ De Cordova vs. Korte, 1895. All quotes are from the decision issued by the New Mexico Supreme Court.