Legal Opinion

Moore v. Guest

Texas Supreme Court

Decided July 1, 1852PublishedCited by 2 opinions

Error from Red River. Martin Guest died in the spring of 1851, leaving several children, among whom were John 0. Guest and Ephraim A. Guest. All the children except John O. Guest were minors.

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Error from Red River. Martin Guest died in the spring of 1851, leaving several children, among whom were John 0. Guest and Ephraim A. Guest. All the children except John O. Guest were minors. The deceased had made & will in which was the following item: “It is my will and devise that my land, negroes, and all my other property he kept together iu form and manner as heretofore; that my children remain together on the same; that the proceeds be applied as heretofore to the raising, clothing, and, as far as practicable, educating my younger children until seven years from the present time,” &c.…

1Opinion of the CourtLipscomb, J.

The plaintiff in error in this case seeks to reverse a decree of tiie District Court of Red River county, annulling the will of Martin Guest, deceased, which had been proven and recorded in the Probate Court.

Several grounds have been assigned for error, but as the case has not been argued and some of the points involve principles never decided in this court under our statute restraining a testator from disinheriting a child and making the children forced heirs, we will only decide on two of the grounds taken by the plaintiff in error.

The iirst is a want of all the parties that should have…

2Cited by2 opinions

  1. I. & G. N. R. R. Co. v. GordonTexas Supreme Court · 1888
  2. Allied Drug Products Co. v. SealeTexas Commission of Appeals · 1932

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