Legal Opinion

Gilliam v. Null

Texas Supreme Court

Decided January 16, 1883No. (Case No. 1481)PublishedCited by 17 opinions

Appeal from Fayette. Tried below before the Hon. L. W. Moore. This suit was brought by Bebecca Null and others, plaintiffs in the court below, on April 28, 1881. The petition in substance set up that Bichard Gilliam and 'bis wife, Louisa, during marriage acquired a tract of two hundred and forty-two and one-half acres of land in Fayette county, and that the same was community property; that Mrs. Louisa Gilliam died, leaving four children, named Gustavus, Henry, Susan and…

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Appeal from Fayette. Tried below before the Hon. L. W. Moore. This suit was brought by Bebecca Null and others, plaintiffs in the court below, on April 28, 1881. The petition in substance set up that Bichard Gilliam and 'bis wife, Louisa, during marriage acquired a tract of two hundred and forty-two and one-half acres of land in Fayette county, and that the same was community property; that Mrs. Louisa Gilliam died, leaving four children, named Gustavus, Henry, Susan and Annie; that the two daughters subsequently died unmarried and intestate, but the two sons married and died leaving…

1Opinion of the Court

Willie, Chief Justice.

The land described in the petition was the community property of Richard Gilliam and his first wife, Louisa Gilliam. Hpon her death, the undivided half to which she was entitled descended to the four children of the marriage, Gustavus, Henry, Susan and Annie. Hpon the death of Susan and Annie unmarried and intestate, their one-fourth interest in the entire tract of land — it being one-half of their mother’s half — was inherited, the one moiety by their father, Richard Gilliam, and the other by their two surviving brothers, Gustavus and Henry Gilliam. Hpon the deaths of…

2Cases cited2 opinions

  1. Pressley's Heirs v. RobinsonTexas Supreme Court · 1882
  2. Allen v. Pannell ex rel. NolandTexas Supreme Court · 1879

3Cited by17 opinions

  1. Charles Scribner's Sons v. S.M.N. MarrsTexas Supreme Court · 1924
  2. Foreman v. MeroneyTexas Supreme Court · 1884
  3. King v. GillelandTexas Supreme Court · 1883
  4. Cheek, Guardian v. HerndonTexas Supreme Court · 1891
  5. American Book Company v. MarrsTexas Supreme Court · 1923

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