Lewis v. Heirs of Aylott

Ireland, Associate Justice.

W. Aylott died in the city of Galveston, possessed in his own right of several lots of ground, some of which were improved, and upon which he lived. When he died he was about sixty-five years old. He had no family, and left as his heirs, brothers.

The appellants Lewis lived in Aylott’s house with him at the time of his death. He made no written will; and this suit was brought by appellants to establish and have admitted to probate what they style the nuncupative will of said Aylott. The heirs of Aylott appeared and contested the application.

There was a verdict in…