Heirs v. Heirs
Texas Supreme Court
Error from Fort Bend. The case was tried before Hon. George Schley, one of the district judges. The whole record of the estate was brought up, but no point in it, except the canon of descent, stated by the judge. The arguments were all able, but they were principally upon the construction of the statutes.
1Opinion of the CourtLindsay, J.
The question presented by the record in this case for our consideration is, the true and proper construction of the statute of descents and distributions upon the following state of facts:
William Barnett died intestate in the year 1865, without leaving a wife surviving him, without issue, and without lineal ancestors; but leaving eleven uncles and aunts and two nephews in being at the time of his death, who were his nearest of kin, and therefore were alone the takers of his estate by inheritance.. Eight of the uncles and aunts and the two nephews were of the maternal kindred, and the two…
2Cited by6 opinions
- McKinney v. AbbottTexas Supreme Court · 1878
- Young v. GrayTexas Supreme Court · 1883
- State v. Estate of LoomisCourt of Appeals of Texas · 1977
- In re GermaineAppellate Division of the Supreme Court of the State of New York · 1935
- Estes v. NicholsonSupreme Court of Florida · 1897
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