Ferguson v. Ferguson

The facts of this case are embraced in the majority opinion of the Court of Civil Appeals reported in 288 S. W., 833, and need not be repeated here.

There is only one question in this case: Was the will of ' Mrs. Morton a contingent or a conditional will, intended by her to take effect only upon the happening of her death during a contemplated journey?

Her will, written entirely in her own handwriting, reads as follows:

“LAST WILL OF

Telephone No. 53 Postoffice Box 92.

KATE F. MORTON

Haskell, Texas, May 5th, 1924

I am going on a journey and I. may never come back alive so I make this Will, but I…