Legal Opinion

Wyche v. Clapp

Texas Supreme Court

Decided July 1, 1875PublishedCited by 43 opinions

Appeal from Busk. Tried below before the Hon. M. D. Ector. Bobert D. Wyche and his wife, Mary D. Wyche, March 28, 1863, made a joint or mutual will, in which, after several bequests, was the following clause: “ Fourthly.

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Appeal from Busk. Tried below before the Hon. M. D. Ector. Bobert D. Wyche and his wife, Mary D. Wyche, March 28, 1863, made a joint or mutual will, in which, after several bequests, was the following clause: “ Fourthly. William Wyche, Drew Wyche, Mary Wyche, Susan E. Wyche, Irene E. Wyche, and Dora Wyche, not having received by deed of gift as much by five hundred dollars as their brothers and sisters, we will that the surviving party to this will pay to them, William, Drew, Mary, Susan E., Irene E., and Dora Wyche, five hundred dollars and one bed and furniture; and if not paid by the…

1Opinion of the Court

Moore, Associate Justice.

The objections to the admissibility of the pleadings and judgment whereon the execution was issued, under which the plaintiff in the court below claimed the land in controversy, were properly overruled. If any question could be made to the manner in which the plaintiffs are designated and described in the judgment, or to the slight discrepancy of sixteen cents between the verdict and the judgment, it could only be by a direct proceeding to this end and not in a collateral proceeding. It cle'arly appears from the evidence to which the exceptions were taken that there…

2Cited by43 opinions

  1. Nye v. BradfordTexas Supreme Court · 1946
  2. Larrabee v. PorterCourt of Appeals of Texas · 1914
  3. Fitch v. BoyerTexas Supreme Court · 1879
  4. Jordan v. Abney, AdministratorTexas Supreme Court · 1904
  5. Wagnon v. WagnonCourt of Appeals of Texas · 1929

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