Holman v. Hopkins
Texas Supreme Court
Error from Red River. Tried below before the Hon. William S. Todd. This cause originated in the County Court of Red River county, being an application by the plaintiff in error for the probate of the last will and testament of Sally Holman, deceased.
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Error from Red River. Tried below before the Hon. William S. Todd. This cause originated in the County Court of Red River county, being an application by the plaintiff in error for the probate of the last will and testament of Sally Holman, deceased. The testatrix was a resident of the county of Goochland, in the State of Virginia, where her will was executed on the 1st day of March, 1852. By this will the testatrix devised all of her property, real and personal, to several of her children, of whom the plaintiff in error was one; and to her daughter, Elizabeth Sarah Hopkins, one of the…
1Opinion of the CourtWheeler, C. J.
The only question presented by the record, is whether the will of Mrs. Holman, executed in Virginia, the place of her domicil, according to the laws of this State, though it may be not according to the law of Virginia, should be admitted to probate.
It is now the well settled doctrine that the law of the actual domicil of a testator is to govern in relation to his testament^ of personal property, whether the property is situated within the domicil of the testator, or in a foreign country. (Story’s Conflict of Laws, sec. 467 ; 1 Jarman on Wills, 3.) Rut in respect to the real property of the…
2Cited by11 opinions
- Mills v. HerndonTexas Supreme Court · 1883
- Slayton v. SingletonTexas Supreme Court · 1888
- Crossland v. DunhamTexas Supreme Court · 1940
- Simmons v. O'ConnorCourt of Appeals of Texas · 1941
- Wilson v. SmithCourt of Appeals of Texas · 1963
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