Phelps v. Ashton
Texas Supreme Court
Appeal from Shelby. The case was tried before Hon. Richard S. Walker, one of the district judges. The material facts relied on by appellant are as follows: H. 0. Ashton, Sr., on March 18,-1861, executed an instrument in writing, intending to dispose of his property after his death upon a certain contingency.
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Appeal from Shelby. The case was tried before Hon. Richard S. Walker, one of the district judges. The material facts relied on by appellant are as follows: H. 0. Ashton, Sr., on March 18,-1861, executed an instrument in writing, intending to dispose of his property after his death upon a certain contingency. The contingency is expressed in these words: “I, H. C. Ashton, Sr., being on the eve of leaving home for an indefinite time, and not knowing what Providence may ordain during my absence, do make and will this request in case of my death while absent.” In tins instrument the appellants,…
1Opinion of the CourtSmith, J.
Any person who may consider himself aggrieved by any decision, order, decree, or judgment of the county court may appeal to the district court therefrom, (O. & W. Dig., Art. 830,) [Paschal’s Dig., Art. 1384, Note 523)] and the cause will be there tried de novo. (Hart. Dig., Art. 718,) [Paschal’s Dig., Art. 1464, Note 562.]
The effect of the appeal is to remove the cause to the district court for a new trial, and the parties will there stand in the same relation to each other. (Hall v. Claiborne, Austin term, 1863,) [27 Tex., 217.] And the cause will be tried there upon the record and the proof…
2Cases cited3 opinions
- Case of Todd's WillSupreme Court of Pennsylvania · 1841
- Stone v. BrownTexas Supreme Court · 1856
- Hall v. ClaiborneTexas Supreme Court · 1863
3Cited by19 opinions
- Olds v. TraylorCourt of Appeals of Texas · 1944
- Loving v. MillikenTexas Supreme Court · 1883
- Mills v. BairdCourt of Appeals of Texas · 1941
- Bagnall v. BagnallTexas Supreme Court · 1949
- McMurry v. MercerCourt of Appeals of Texas · 1934
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