Hogue v. Sims
Texas Supreme Court
Appeal from "Walker. This suit was brought by the appellees against appellant, on a note of hand executed by the testator. The District Court gave a judgment for the plaintiffs. It is not material to refer to the whole petition. It will be sufficient to notice such parts thereof as will show the grounds of the demurrer, which was overruled iu the District Court.
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Appeal from "Walker. This suit was brought by the appellees against appellant, on a note of hand executed by the testator. The District Court gave a judgment for the plaintiffs. It is not material to refer to the whole petition. It will be sufficient to notice such parts thereof as will show the grounds of the demurrer, which was overruled iu the District Court. It alleged the death of the testator, the probate of the will, and the qualification of two of the executors named in the will; that the will contained a provision that the Probate Court should have no other control over the estate of…
1Opinion of the CourtLipscomb, J.
The statute referred to in support of the demurrer is toó long to be inserted here'; it will be found in article 1219 of Hartley’s Digest. The commencement of tlie section authorizes any person capable of making a will to so provide by his will that no other action shall he had in tlie County Court, in relation to the settlement of his estate, than the probate and registration of his will and the return of an inventory of the estate. A condition and limitation is, however, imposed upon this right to make such a provision by will. It provides pretty much in the language of the special…
2Cited by9 opinions
- Jerrard v. McKenzieTexas Supreme Court · 1884
- Smyth v. CaswellTexas Supreme Court · 1886
- Wood, Pinson & Hanks v. McMeansTexas Supreme Court · 1859
- Pierce v. WallaceTexas Supreme Court · 1877
- Wood v. MistrettaCourt of Appeals of Texas · 1899
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