Kellum v. Smith
Texas Supreme Court
Appeal from Montgomery. Tried below before the Hon. Peter W, Gray. Ben Fort Smith died in July, 1841, leaving a will which was probated in Montgomery county, and in which, after many ■specific legacies, he bequeathed the residue to Ms nephew, the appellee, and his sister, Mrs. T. B. J. Hadley ; making the latter executrix of his will and testamentary guardian of her co-legatee, the appellee.
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Appeal from Montgomery. Tried below before the Hon. Peter W, Gray. Ben Fort Smith died in July, 1841, leaving a will which was probated in Montgomery county, and in which, after many ■specific legacies, he bequeathed the residue to Ms nephew, the appellee, and his sister, Mrs. T. B. J. Hadley ; making the latter executrix of his will and testamentary guardian of her co-legatee, the appellee. On the 6th of June, 1853, the appellee, having arrived at full age, brought suit in Harris county against the said Mrs. T. B. J. Hadley and her husband, in their capacities of co-legatee, executors and…
1Opinion of the CourtWheeler, J.
We do not deem it necessary to the decision of this appeal, to consider, with the view definitively to ascertain and determine, all the questions comprehended by the very able and instructive arguments of counsel. Our view of the case will not require a final opinion on the question of the validity of the will, or the right of the plaintiff to bring its validity in question in this case. We incline to the opinion that the act of adoption was effectual to constitute the plaintiff the legal heir of the deceased Smith ; if not by force of the joint resolution itself, by virtue of that and the…
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