Neely v. Brogden
Texas Commission of Appeals
Error to Court of Civil Appeals of Third Supreme Judicial District. Suit by P. A. Neely against Mary Catherine Brogden and others. Judgment for defendants was affirmed by the Court of Civil Appeals (214 S. W. 614), and plaintiff brings error.
1Opinion of the CourtMcCLENDON, P. J.
This suit was brought by P. A. Neely for the purpose of having a judicial construction of the will of Mrs. Etta Neely, deceased wife of plaintiff. The only question involved, is whether, under the fifth clause of the will, the issue of Nettie Etta Brogden and Myrtle Estelle Brogden are given a life estate only or the fee in the property devised to them. If the former, then at least as to one-half the estate the will is vio-*193lative of the rule against perpetuities, and void.
Tlie case was tried in the district court upon an agreed state of facts without a jury. The trial court held that the…
2Cases cited8 opinions
- Hancock v. ButlerTexas Supreme Court · 1858
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Travis v. MorrisonSupreme Court of Alabama · 1856
- Hunting v. JonesTexas Commission of Appeals · 1919
- Hawes v. FooteTexas Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942
- Mattern v. HerzogTexas Supreme Court · 1963
- Rust v. RustCourt of Appeals of Texas · 1948
- Brooker v. BrookerTexas Supreme Court · 1937
- Kelly v. WomackTexas Supreme Court · 1954
48 more not listed; retrieve them via the Exa API.