Newton v. Newton

GAINES, Associate Justice.

—The cause of action in this case is a promissory note executed by appellants to their father James Newton. James Newton died, having devised and bequeathed all of his proqjerty to his second wife Mary Newton, who was also the stepmother of appellants. She brought the suit on the note as legatee under her husband’s will.

The defendants pleaded a want of consideration. They averred, in substance, that their father having divided among them a large portion of his property, became apprehensive that he had not reserved enough for his own wants, and applied to them to…