Legal Opinion

McNabb v. Cruze

Court of Appeals of Texas

Decided February 4, 1937No. 3464PublishedCited by 2 opinions

1Opinion of the Court

WARTHALL, Justice.

This case involves the construction of the last will of J. T. McNabb, who died in Tennessee on March Í8, 1930. His survivors were his wife, Elizabeth Mc-Nabb, plaintiff in error, and his children, namely, James, Paul, Essie, and Mamie Cruze, wife of James Cruze; the last named two being the defendants in error. All of the children are adults. The will involved here was admitted to probate.

After providing that his debts be paid, the only items in the will involved in this suit are items 2 and 5. They are as follows;

“Item 2. I desire that my wife Elizabeth have full control of…

2Cases cited10 opinions

  1. Darragh v. BarmoreTexas Commission of Appeals · 1922
  2. Dulin v. MooreTexas Supreme Court · 1902
  3. Frame v. WhitakerTexas Supreme Court · 1931
  4. Bittner v. BittnerTexas Commission of Appeals · 1932
  5. Martin v. DialTexas Commission of Appeals · 1933

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3Cited by2 opinions

  1. San Antonio Joint Stock Land Bank v. MalcherCourt of Appeals of Texas · 1942
  2. Elizabeth McNabb v. CruzeTexas Supreme Court · 1939

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