Legal Opinion

Rodgers v. Fleming

Texas Commission of Appeals

Decided February 29, 1928No. 848-4923PublishedCited by 27 opinions

1Opinion of the CourtSpeer, J.

This most interesting case arises over the contest of the will of W. J. McDonald, sought to be probated in Lamar County. The will was ordered to be probated in the county court, and likewise on appeal in the district court, and the latter judgment was affirmed by the Court of Civil Appeals for the Sixth District. 295 S. W. 326.

The residuary clause of the will is as follows:

“5. All the rest, residue and remainder of my estate I give, devise and bequeath to the regents of the University of Texas, in trust, to be used and devoted by said regents for the purpose of aiding in erecting and…

2Cases cited4 opinions

  1. Gulf, Texas & Western Railway Co. v. DickeyTexas Supreme Court · 1916
  2. Prather v. McClellandTexas Supreme Court · 1890
  3. Vance v. UpsonTexas Supreme Court · 1886
  4. Rodgers v. FlemingCourt of Appeals of Texas · 1927

3Cited by27 opinions

  1. Lindley v. LindleyTexas Supreme Court · 1964
  2. Nass v. NassCourt of Appeals of Texas · 1949
  3. De Galindo v. GarciaTexas Supreme Court · 1947
  4. Estate of Menifee v. BarrettCourt of Appeals of Texas · 1990
  5. Ferguson Seed Farms, Inc. v. McMillanTexas Commission of Appeals · 1929

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