Legal Opinion

McDonald's Estate v. McDonald

Court of Appeals of Texas

Decided June 29, 1912PublishedCited by 6 opinions

Appeal from District Court, Lubbock County; W. R. Spencer, Judge. Proceedings by E. C. Baker for the probate of the will of D. 'McDonald, deceased, in which Mrs. Mattie McDonald appeared as contestant. From a judgment denying probate, proponent appeals.

1Opinion of the CourtHall, J.

Appellant filed in the probate court of Lubbock county application to probate the will of D. McDonald, deceased. Probate being refused, the case was appealed to the district court of Lubbock county, where upon a trial at the November term, 1911, a verdict wg.s rendered again refusing probate, and from the judgment based .upon such verdict the applicant brings the case to this court upon 11 assignments of error.

[1] The first assignment is to the action of the court in overruling proponent’s special exception to the contestant’s answer. That part of the answer excepted to is as follows: “That…

2Cases cited4 opinions

  1. Brown v. MitchellCourt of Appeals of Texas · 1889
  2. Simon v. MiddletonCourt of Appeals of Texas · 1908
  3. Tennison v. PalmerCourt of Appeals of Texas · 1911
  4. Missouri, K. & T. Ry. Co. of Texas v. CarlisleCourt of Appeals of Texas · 1912

3Cited by6 opinions

  1. Estate of SextonCalifornia Supreme Court · 1926
  2. Adams v. AdamsCourt of Appeals of Texas · 1923
  3. Baker v. McDonaldCourt of Appeals of Texas · 1913
  4. Coleman v. WidemanCourt of Appeals of Texas · 1928
  5. Trouppy v. De BusCourt of Appeals of Texas · 1958

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