Brown v. Pridgen
Texas Supreme Court
Appeal from DeWitt. Tried below before the Hon. D. D. Claiborne. Mrs. Cinda Brown, the wife of appellant, in August, 1878, made her last will and testament, bequeathing her property to the heirs of her brother, A. W. Pridgen. Mrs. Brown died a few days after the will was executed, and Pridgen made application to the district court of DeWitt county to have the will probated, when the appellant contested the same upon the following grounds: First.
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Appeal from DeWitt. Tried below before the Hon. D. D. Claiborne. Mrs. Cinda Brown, the wife of appellant, in August, 1878, made her last will and testament, bequeathing her property to the heirs of her brother, A. W. Pridgen. Mrs. Brown died a few days after the will was executed, and Pridgen made application to the district court of DeWitt county to have the will probated, when the appellant contested the same upon the following grounds: First. Because the testatrix was of unsound mind at the time of the execution of the will. Second. Because the legatees were not sufficiently named or…
1Opinion of the Court
Watts, J. Com. Apr.1
Every person who is by law competent to make a will may dispose of any and all property which he or she may own in that way; there is nothing in the law regulating marital rights that would deprive a married woman of the privilege of disposing of her interest in the common property by will. The wife’s right to such property is as absolute as that of the hus*126band; the only difference is, that he is authorized to control and dispose of it during the coverture. The will speaks and is operative only after the death of - the testator; hence the will of a married woman would not…
2Cited by19 opinions
- Commissioner of Internal Revenue v. Chase Manhattan BankCourt of Appeals for the Fifth Circuit · 1958
- Gamble v. ButcheeTexas Supreme Court · 1895
- Rounds v. ColemanCourt of Appeals of Texas · 1916
- Halbadier v. StateCourt of Criminal Appeals of Texas · 1920
- Triestman v. KilgoreTexas Supreme Court · 1992
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