Beazley v. Denson
Texas Supreme Court
Appeal from San Jacinto. Tried below before the Hon; J. R. Burnett. The will of Col. Hamilton Washington, who had never married, bequeathing his estate to his only sister, Mrs. Mary Beazley, since dead, the wife of appellant, was probated in the County Court of Polk county, at its August term, A. D. 1868. That will was dated May 19, 1860. Pending the application for probate, F. M. Sansom and Douglass Mitchell presented to the court another instrument, alleged to be the will…
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Appeal from San Jacinto. Tried below before the Hon; J. R. Burnett. The will of Col. Hamilton Washington, who had never married, bequeathing his estate to his only sister, Mrs. Mary Beazley, since dead, the wife of appellant, was probated in the County Court of Polk county, at its August term, A. D. 1868. That will was dated May 19, 1860. Pending the application for probate, F. M. Sansom and Douglass Mitchell presented to the court another instrument, alleged to be the will of Col. Washington, bearing date June 6, 1868, in which they were named as executors. By that instrument W. B. Denson,…
1Opinion of the CourtMcAdoo, J.
This is a contested will. case. It-comes from the District Court of San Jacinto county by appeal.
The first point raised by the appellant goes to the jurisdiction of the court below, based Upon the allegation that the so-called county of San Jacinto is-of less dimensions than nine hundred square miles, and therefore the act of the Legislature organizing said county is in violation of Article 12, Section 24, of the Constitution of 1869.
We find no proof in the record of the want of area, and *424we think we cannot, in a collateral proceeding, pass upon this question.
But the charge of the court is…
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