Brooks v. Evetts
Texas Supreme Court
Error from Colorado. Tried below before the Hon. L. Lindsay. The defendants in error were tbe plaintiffs in the court below. The action was trespass to try title to certain lots in the town of Columbus, which were claimed and held by tbe defendants, J. R. Brooks and James Carlton, under title from Reuben Bonds, to whom, in consideration .of three thousand dollars, Mrs. Stuteville, the tenant for life, bad assumed to make a conveyance in fee.
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Error from Colorado. Tried below before the Hon. L. Lindsay. The defendants in error were tbe plaintiffs in the court below. The action was trespass to try title to certain lots in the town of Columbus, which were claimed and held by tbe defendants, J. R. Brooks and James Carlton, under title from Reuben Bonds, to whom, in consideration .of three thousand dollars, Mrs. Stuteville, the tenant for life, bad assumed to make a conveyance in fee. Tbe testatrix, Mrs. Bonds, bad no children. The plaintiffs were her brother and two sisters, together with the children of Mrs. Stuteville, who had died…
1Opinion of the CourtWalker, J.
In this case -we are called on to construe the following testamentary clause in the will of Elizabeth J. Bonds, which bears date April 23, 1858:
*742“ After all my lawful debts are paid and discharged, the residue of my estate, real and- personal, I give and bequeath to, and dispose of, as follows, to-wit': to my sister, Mary A. Stuteville, one-third of a league of land,” etc.
This is followed by an inventory and description of .the property devised, including the land in controversy; after which are. the words following: “And all the above described property I give and bequeath to the said Mary A.…
2Cases cited2 opinions
- Hancock v. ButlerTexas Supreme Court · 1858
- Konigsberger v. HarveyOregon Supreme Court · 1885
3Cited by10 opinions
- Frame v. WhitakerTexas Supreme Court · 1931
- Jackson v. TemplinTexas Commission of Appeals · 1933
- Shimer v. MannIndiana Supreme Court · 1884
- West v. GlissonCourt of Appeals of Texas · 1916
- Lockett v. WoodCourt of Appeals of Texas · 1935
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