Legal Opinion

Eckford v. Knox

Texas Supreme Court

Decided December 21, 1886No. 5613PublishedCited by 52 opinions

Appeal from Bexar. Tried below before the Hod. George H. Noonan. William B. Knox died in March, 1880, intestate, leaving a •widow, Rachel J. Knox, who married John Eckford, surviving Mm, and no children; On the trial it was agreed what part of the property was his separate property, and what part was the community estate of him and the said Rachel, as will be seen from the statement of facts and the judgment.

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Appeal from Bexar. Tried below before the Hod. George H. Noonan. William B. Knox died in March, 1880, intestate, leaving a •widow, Rachel J. Knox, who married John Eckford, surviving Mm, and no children; On the trial it was agreed what part of the property was his separate property, and what part was the community estate of him and the said Rachel, as will be seen from the statement of facts and the judgment. The plaintiff, Annie M. Knox, by her guardian, Martha Knox, claimed all of the separate property and one-half of the community property, on the ground that William B. Knox had adopted…

1Opinion of the Court

Willie, Chief Justice.

Article 1 of our Revised Statutes provides the means by which one person may adopt another as his legal heir. Article 2 provides that the party so adopted shall *202be entitled to all rights and privileges of a legal heir to the party so adopting him; provided, however, that if the party adopting such heir have at the time of such adoption, or shall thereafter have, a child, begotten in lawful wedlock, such adopted heir shall in no case inherit more than one-fourth of the estate of the party adopting him. To ascertain the right of an adopted heir, we must read the foregoing…

2Cases cited3 opinions

  1. Chambers & Thigpen v. CannonTexas Supreme Court · 1884
  2. Vidal v. CommagéreSupreme Court of Louisiana · 1858
  3. Teal v. SevierTexas Supreme Court · 1863

3Cited by52 opinions

  1. Hanrick v. GurleyTexas Supreme Court · 1900
  2. Jones v. GuyTexas Supreme Court · 1940
  3. Cutrer v. CutrerTexas Supreme Court · 1961
  4. Moore Son v. MooreTexas Supreme Court · 1895
  5. Taylor v. DeseveTexas Supreme Court · 1891

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