Holland v. Nimitz
Texas Commission of Appeals
Error to Court of Civil Appeals of Third. Supreme Judicial District. Proceeding by Mary Ellen Nimitz and others against Robert S. Holland to contest the probate of the will of Mrs. Susan E. Holland, deceased. The will was admitted to probate in the county court, and also in the district court, and on appeal the Court of Civil Appeals (217 S. W. 244) reversed and remanded the case, and defendant brings error.
1Opinion of the CourtSpencer, J.
This was a proceeding by defendants in error to contest the probating of the will of Mrs. Susan E. Holland. The will was admitted to probate in the county court of Tom Green county, and the same result followed in the district court of that county. Upon appeal, the honorable Court of Civil Appeals reversed and remanded the cause, for the reason that the trial court refused to permit Mrs. Nimitz, a daughter and heir of the testatrix, to testify that, independently of any statement made by testatrix or transaction with her, but merely from observation of decedent’s acts, conduct, and mental and…
2Cases cited4 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Parks v. CaudleTexas Supreme Court · 1882
- Leahy v. TimonTexas Supreme Court · 1919
- Holland v. HollandAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Harper v. JohnsonTexas Supreme Court · 1961
- Adams v. BarryTexas Supreme Court · 1978
- Insurance Co. of America v. RoyerCourt of Appeals of Texas · 1977
- Alm v. Aluminum Co. of AmericaTexas Supreme Court · 1986
- Alm v. Aluminum Co. of AmericaTexas Supreme Court · 1986