Nixon v. Armstrong
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. J. R. Burnett. On the sixth of April, 1867, .Col. Thomas Carothers executed his will, which was attested by E. B. Nixon, Primus Johnson and L. D. Cox. To each one of these witnesses the testator made bequests, referring to E. B. Nixon as “my niece, Emma Brisco, now Mrs. Nixon;’7 to Primus Johnson as “Primus,” and to L. D. Cox as “Lidy Smith.” These were all the legatees, except W. H. Smith, to whom a bequest was made.
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Appeal from Walker. Tried below before the Hon. J. R. Burnett. On the sixth of April, 1867, .Col. Thomas Carothers executed his will, which was attested by E. B. Nixon, Primus Johnson and L. D. Cox. To each one of these witnesses the testator made bequests, referring to E. B. Nixon as “my niece, Emma Brisco, now Mrs. Nixon;’7 to Primus Johnson as “Primus,” and to L. D. Cox as “Lidy Smith.” These were all the legatees, except W. H. Smith, to whom a bequest was made. He was not a witness to the will. On the seventeenth of April, 1867, Carothers died, having made no other will. On the…
1Opinion of the CourtOgden, J.
We think that much of the learned discussion of England and America upon the subject of the necessary qualifications of attesting witnesses to a will, is rendered comparatively nugatory by ¡the operation of our statute; and while we may look to other States and countries whose laws and institutions are similar to ours for rules of legal interpretation in doubtful cases, yet, when our statute speaks in plain and unambiguous language, that must be not only our rule of action, but of construction also.
Our statute (Paschal’s Digest, Art. 536) provides that when a will is not wholly written by the…
2Cited by7 opinions
- Gamble v. ButcheeTexas Supreme Court · 1895
- Fowler v. StagnerTexas Supreme Court · 1881
- Halbadier v. StateCourt of Criminal Appeals of Texas · 1920
- Triestman v. KilgoreTexas Supreme Court · 1992
- Scandurro v. BetoCourt of Appeals of Texas · 1950
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