Beazley v. Denson
Texas Supreme Court
Appeal from San Jacinto. Tried below before the Hon; J. R. Burnett. The will of Col. Hamilton Washington, who had never married, bequeathing his estate to his only sister, Mrs. Mary Beazley, since dead, the wife of appellant, was probated in the County Court of Polk county, at its August term, A. D. 1868. That will was dated May 19, 1860. Pending the application for probate, F. M. Sansom and Douglass Mitchell presented to the court another instrument, alleged to be the will…
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Appeal from San Jacinto. Tried below before the Hon; J. R. Burnett. The will of Col. Hamilton Washington, who had never married, bequeathing his estate to his only sister, Mrs. Mary Beazley, since dead, the wife of appellant, was probated in the County Court of Polk county, at its August term, A. D. 1868. That will was dated May 19, 1860. Pending the application for probate, F. M. Sansom and Douglass Mitchell presented to the court another instrument, alleged to be the will of Col. Washington, bearing date June 6, 1868, in which they were named as executors. By that instrument W. B. Denson,…
1Opinion
On Application eor Rehearing.
Hancock & West and W. M. Walton, for appellee.— The appellee respectfully applies for a rehearing in this case, and for grounds of motion submits the following propositions:
I. The -court decides, that in this case the- instruction that “ every man is presumed by the law to possess a sound mind , until the contrary be shown by evidence,” was erroneous.. II. The other issues were' decided in favor of appellee, and the decision stands’ on the error of the charge above quoted.
*425In answering the ruling of the court we will appeal alone to authority.
I. Was the charge…
2Cases cited23 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Chamblee v. TarboxTexas Supreme Court · 1863
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- Earle v. ThomasTexas Supreme Court · 1855
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