Franks v. Chapman
Texas Supreme Court
Appeal from Atascosa. Tried below before the lion. D. P. Marr. On tlie 5th of July, A. D. 1883, plaintiffs filed their petition in the county court of Atascosa county to contest the validity of the •will of G-. W. Chapman, deceased, and its probate, alleging in substance as follows: That on the 22d day of July, A. D. 1879, at the •July term of that court, sitting in probate, such proceedings were had that an instrument in writing, purporting to be the last will and testament…
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Appeal from Atascosa. Tried below before the lion. D. P. Marr. On tlie 5th of July, A. D. 1883, plaintiffs filed their petition in the county court of Atascosa county to contest the validity of the •will of G-. W. Chapman, deceased, and its probate, alleging in substance as follows: That on the 22d day of July, A. D. 1879, at the •July term of that court, sitting in probate, such proceedings were had that an instrument in writing, purporting to be the last will and testament of Gr. W. Chapman, deceased, was admitted to probate ' by the court and Caroline Chapman appointed executrix thereof.…
1Opinion of the Court
Stayton, Associate Justice.—
This action was brought by some of the children of G. W. Chapman against the widow and the other children of Chapman, in the probate court, to contest the validity of his will, which, in that court; had been probated within four years before the bringing of the suit.
*579The action is based on substantially the same facts as was a former suit between1 the same parties instituted in the district court, in which, on appeal, it was held that such a suit instituted by an original proceeding in a district court could not be maintained under the provisions of the present…
2Cases cited2 opinions
- Timmins v. Bonner & LongTexas Supreme Court · 1883
- Franks v. ChapmanTexas Supreme Court · 1883
3Cited by46 opinions
- Sutton v. EnglishSupreme Court of the United States · 1918
- Buchanan v. BilgerTexas Supreme Court · 1885
- Ladehoff v. LadehoffTexas Supreme Court · 1968
- Leatherwood v. StephensTexas Commission of Appeals · 1930
- Jones v. Sun Oil Co.Texas Supreme Court · 1941
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