Hickman v. Stewart
Texas Supreme Court
Appeal from Maverick. Tried below before the Hon. D. P. Marr. In this case the appellant, John S. Hickman, who was the husband of his co-plaintiff, Lucretia Hickman, sued Josefa Stone to set aside for fraud a conveyance made by the plaintiffs to Josefa Stone, of Lucretia Hickman’s interest in her deceased father’s estate. That father, William Stone, was the husband ■of the defendant, and she, under his will administered his estate without bond.
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Appeal from Maverick. Tried below before the Hon. D. P. Marr. In this case the appellant, John S. Hickman, who was the husband of his co-plaintiff, Lucretia Hickman, sued Josefa Stone to set aside for fraud a conveyance made by the plaintiffs to Josefa Stone, of Lucretia Hickman’s interest in her deceased father’s estate. That father, William Stone, was the husband ■of the defendant, and she, under his will administered his estate without bond. The plaintiffs alleged that when they made the deed to Josefa they were both poor, young and inexperienced; that they reposed confidence in the…
1Opinion of the Court
Maltbie, Judge.
The will of William Stone, as deemed material to this appeal is in substance as follows:
1. It appoints Josefa Stone executrix; and expressly declares that she shall give no bond during widowhood.
2. Directs that neither real estate nor sheep shall be sold until tlhe youngest child becomes of age, unless impracticable to keep *258all the sheep and then the proceeds of sale to be reinvested and kept for benefit of estate.
3. Until oldest child becomes of age, executrix was to keep net income and manage and control it for benefit of estate.
4. As each child becomes of age he or she was…
2Cases cited5 opinions
- Bradley v. LoveTexas Supreme Court · 1883
- Connolly v. HammondTexas Supreme Court · 1879
- Newson v. ChrismanTexas Supreme Court · 1852
- Erskine v. De la BaumTexas Supreme Court · 1848
- Becton v. AlexanderTexas Supreme Court · 1864
3Cited by17 opinions
- Thompson v. Vinson & Elkins, Texas Court of Appeals, 1st District (Houston)1993
- Cartwright v. MintonCourt of Appeals of Texas · 1958
- Dowlin v. BoydTexas Commission of Appeals · 1927
- Shepard v. PabstWisconsin Supreme Court · 1912
- Nabours v. McCordTexas Supreme Court · 1904
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