Fisher v. Wood
Texas Supreme Court
Appeal from Waller county. Tried below before the Hon. Wm. H. Burkhart. The appellants, Elizabeth V. Fisher and Martha D. Jones, the latter joined by her husband, A. L. Jones, claiming as devisees under the will of L. A. Hill, deceased, instituted this suit in the district court of Waller county against R. 0. Wood, executor of the will, and Mrs. R. J. Wood and one R. R. McDade, to set aside as fraudulent certain deeds to real estate made by R. C. Wood, as executor, to Mrs.…
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Appeal from Waller county. Tried below before the Hon. Wm. H. Burkhart. The appellants, Elizabeth V. Fisher and Martha D. Jones, the latter joined by her husband, A. L. Jones, claiming as devisees under the will of L. A. Hill, deceased, instituted this suit in the district court of Waller county against R. 0. Wood, executor of the will, and Mrs. R. J. Wood and one R. R. McDade, to set aside as fraudulent certain deeds to real estate made by R. C. Wood, as executor, to Mrs. R. J. Wood, and to declare a trust in favor of the plaintiffs in a portion of the land still held by her. Ho judgment was…
1Opinion of the Court
Stayton, Associate Justice.
The facts alleged in the petition and found to be true by the court below, are sufficient to establish a fraudulent combination between the executor and his co-defendant to deprive the appellants of their interest in the estate of Mrs. Hill, such as, were the property still in their hands, to authorize a court of equity now to charge it with a trust in their hands and to constititute them trustees for those entitled to the estate. To do this, it is not necessary to set aside the decrees of the probate court ordering and confirming the sale.
If, for the preservation…
2Cases cited7 opinions
- Rutherford v. StamperTexas Supreme Court · 1883
- Smith v. SmithTexas Supreme Court · 1853
- Crain v. CrainTexas Supreme Court · 1856
- Dobbin v. BryanTexas Supreme Court · 1849
- Newson v. ChrismanTexas Supreme Court · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Sutton v. EnglishSupreme Court of the United States · 1918
- Moore v. SnowballTexas Supreme Court · 1904
- McCampbell v. DurstCourt of Appeals of Texas · 1897
- Campbell-Kawannanakoa v. CampbellCalifornia Supreme Court · 1907
- Hanner v. MoultonSupreme Court of the United States · 1891
26 more not listed; retrieve them via the Exa API.