Kennedy v. Upshaw
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon J. M. Hall. S. 0. Upshaw and Jno. P. Cox filed their application in the county court of Hill county on April 15, 1883, for the probate of the last will and testament of James H. Martin, deceased, wherein they alleged that Martin resided in Hill county, Texas, and died March 28, 1883, leaving an estate of about $8,000 or $10,000; that he left a will in which S. C. Upshaw and Jno.
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Appeal from Johnson. Tried below before the Hon J. M. Hall. S. 0. Upshaw and Jno. P. Cox filed their application in the county court of Hill county on April 15, 1883, for the probate of the last will and testament of James H. Martin, deceased, wherein they alleged that Martin resided in Hill county, Texas, and died March 28, 1883, leaving an estate of about $8,000 or $10,000; that he left a will in which S. C. Upshaw and Jno. P. Cox were appointed executors, and that they were not disqualified from acting as executors. The will, which bore date February 8, 1883, was attached to and made part…
1Opinion of the Court
Stayton, Associate Justice.
The statutes regulating the probate of wills require that the facts necessary to establish the will shall be proved to the satisfaction of the court. R. S., 1851. The evidence taken for the purpose of probating a will is required to be recorded in the minutes of the court. R. S., 1854. Wills cannot be admitted to probate upon the admissions of persons who may be interested in their establishment, and it may well be doubted if Rule 31, made for the government of district courts, has any application to proceedings instituted to probate wills. Art. 1299, R. S.,…
2Cases cited11 opinions
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