Alston v. Ulman
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. A. H. Latimer. This is an appeal from a judgment rendered in the administration of the estate of J. A. Houze, deceased, allowing his children a substituted allowance of $2000, in lieu of a homestead. The appeal is prosecuted by the executor, Wm. H. Alston, and by W. C. Dickerson, a creditor. The facts sufficiently appear in the opinion of the court.
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Appeal from Lamar. Tried below before the Hon. A. H. Latimer. This is an appeal from a judgment rendered in the administration of the estate of J. A. Houze, deceased, allowing his children a substituted allowance of $2000, in lieu of a homestead. The appeal is prosecuted by the executor, Wm. H. Alston, and by W. C. Dickerson, a creditor. The facts sufficiently appear in the opinion of the court. The additional fact noticed in the dissenting opinion of Justice Walker also appears in the statement of facts.
1Opinion of the CourtMcAdoo, J.
J. A. Houze, a citizen of Alabama, in ' 1862, sold his homestead in that State, and purchased. *158land in Texas, with the purpose and intention of immigration to and settlement with his family upon his newly acquired land in Texas. But before he accomplished his purpose of removal, he died in Alabama. 'He left surviving him three minor children in Alabama. He left no homestead there ; he left, however, a large estate of some $40,000 of personal property there, which was administered in the probate court of that State.
These three minor children have been brought to Texas by their friends, .and…
2Cited by7 opinions
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Moore v. MooreCourt of Appeals of Texas · 1968
- In Re Metcalf's EstateMontana Supreme Court · 1933
- Tuttle v. TuttleNorth Dakota Supreme Court · 1921
- Rachel Brown v. Ronald SommersCourt of Appeals for the Fifth Circuit · 2015
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