Johnson v. Brown
Texas Supreme Court
Appeal from Leon. Tried below before the Hon. John B. Hector. John W. Warren died about the last of September, 1874. He was a bachelor, over sixty-one years old. For nearly twenty years he had lived with a kinsman, D. 0. Warren, and in his family. Ho witness had' ever heard him speak of his father, mother, sisters, or brothers. In the summer of 1874 he moved to his own farm and lived with Mrs. Martha Samuels.
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Appeal from Leon. Tried below before the Hon. John B. Hector. John W. Warren died about the last of September, 1874. He was a bachelor, over sixty-one years old. For nearly twenty years he had lived with a kinsman, D. 0. Warren, and in his family. Ho witness had' ever heard him speak of his father, mother, sisters, or brothers. In the summer of 1874 he moved to his own farm and lived with Mrs. Martha Samuels. She “fixed his clothes for him when in health,” nursed him when sick, and “ cried when he died.” In his last illness he had no other help, except from his physicians and some negro men.…
1Opinion of the Court
Bonner, Associate Justice.
This is an appeal from the Disti’ict Court of Leon county, in the matter of the contest of an instrument purporting to be the last will and testament of J. W. Warren, deceased. The probate was resisted by appellees, W. H. Brown and others, as the heirs at law of J. W. Warren, upon the ground that the will was a forgery. It was attested by D. E. Shumate and Ebah Hallowell, as subscribing witnesses, who testified to its due execution as required by law.
There was a verdict and judgment against the validity of the will, from which W. M. Johnson and D. 0. Warren, as…
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