Barnhart v. Clark
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. W- A. Blackburn. This was an application originally made in the county court of Williamson county, by W. 0. Cain, to have probated what purported to be the last will and testament of William Clark, deceased, Cain being named in the will as executor.
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Appeal from Williamson. Tried below before the Hon. W- A. Blackburn. This was an application originally made in the county court of Williamson county, by W. 0. Cain, to have probated what purported to be the last will and testament of William Clark, deceased, Cain being named in the will as executor. The application was contested by A. J. and J. A. Clark, and while the case was pending in the district court W. C. Cain died, and J, M. Barnhart et ah, upon their petition, were admitted to prosecute the application. The opinion states all that is necessary for it to be understood.
1Opinion of the Court
Willie, Chief Justice.—
What purports to be the statement of facts in this case does not come to us in such shape as to demand our attention. It is evidently a copy of the testimony taken upon *553the hearing of the application to probate the will of William Clark, deceased, committed to writing at the time, subscribed in open court by the witnesses, and filed by the clerk as required by art. 1853, Revised Statutes. It commences: “Be it remembered that upon ■the trial of the above styled cause, the following facts were proven, to wit.” Then follows the testimony of the witnesses, signed by them,…
2Cases cited2 opinions
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