Duke v. Falk

O’QUINN, Justice.

This lawsuit contests a will, made by the testator when he was ninety-three years old, on the ground that the maker was without testamentary capacity.

Daisy Hughes, the testator, was a black man who, as a youth, came to Texas by wagon from Birmingham, Alabama, in the company of Festus Hughes, a white youth, on a journey that took six months. The two Hughes boys had lived as neighbors in Alabama and on coming to Texas settled on adjoining farms at Joliet in southern Caldwell county near Lockhart. Their close friendship continued as long as both lived, the two living as…