Moore v. Moore
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. William S. Todd. This suit was brought by the appellants, who, together with Some of the appellees, were the heirs-at-law of Richard H. Moore, deceased, to have his will vacated and declared null, and his estate administered and distributed as if no such will had been made, on the ground, among other alleged defects, that the testator was, at the time of his decease, a minor.
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Appeal from Bowie. Tried below before the Hon. William S. Todd. This suit was brought by the appellants, who, together with Some of the appellees, were the heirs-at-law of Richard H. Moore, deceased, to have his will vacated and declared null, and his estate administered and distributed as if no such will had been made, on the ground, among other alleged defects, that the testator was, at the time of his decease, a minor. The appellees, in their answer, alleged, that the said Richard H. Moore was not, at the time of his death, a minor; and, also, that the plaintiffs were estopped from an…
1Opinion of the CourtWheeler, C. J.
It is not questioned that, by the Act of 1840, a person under the age of twenty-one, is incapable of making a will. (Hart. Dig., Art. 3252.) If, therefore, the testator was a minor, as alleged, the will was void for the want of capacity to make it.
But the court held that, though the will might be void for this cause, yet the plaintiffs were estopped from averring the minority *639of the testator, and the consequent nullity of the will, by reason of their having assented to his receiving his distributive portion of his father’s estate, and because they had dealt with and treated him as a person of…
2Cited by1 opinion
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