Charle v. Saffold
Texas Supreme Court
Appeal from Guadalupe. This was a suit for partition brought by appellant against appellee, the assignee of Manuel Flores and Josefa Cubier, his wife, for the purpose of division of one league of land in Guadalupe county. The land wa's granted to Elijo Gortari in 1831. Gortari was then married to Josefa, now the wife of Flores. Gortari died on the 23rd March, 183Í, without issue.
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Appeal from Guadalupe. This was a suit for partition brought by appellant against appellee, the assignee of Manuel Flores and Josefa Cubier, his wife, for the purpose of division of one league of land in Guadalupe county. The land wa's granted to Elijo Gortari in 1831. Gortari was then married to Josefa, now the wife of Flores. Gortari died on the 23rd March, 183Í, without issue. Plaintiff'is his mother, and plaintiff at the death of her son was a widow, and has ever since remained single. Gortari at his death left a testament making his wife Josefa universal heir. That said testament was on…
1Opinion of the Court
Hemphill, Ch. J.
The first ground assumed by appellant is, that she, being the mother of the testator and his sole forced heir and having been pretermitted in the will and the wife instituted as heir, the will was an absolute nullity.
It appears from the argument that the appellee contended in the Court below that the will was good for the disposable portion, viz: the one-third where the forced heirs are ascendants, and relied upon some expressions in the opinion in the case of Parker v. Parker, 10 Tex. R. 83, to support the position. Although the point of absolute or relative nullity of the…
2Cases cited2 opinions
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Jackson ex dem. Ten Eyck v. RichardsNew York Supreme Court · 1827
3Cited by37 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Bracken v. JonesTexas Supreme Court · 1885
- Craig v. CartwrightTexas Supreme Court · 1886
- Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
- Whitehead v. FoleyTexas Supreme Court · 1858
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