Chapman v. Chapman
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for First District, in an appeal from Victoria County. This was a contest over the right to administer upon the estate of Thomas Chapman, deceased, between two women, each claiming to be his widow. Johanna seems to have established, a common law marriage—evidenced by cohabitation and repute. They separated, and several years thereafter Emma was married to him under the forms of law.
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Application for writ of error to Court of Civil Appeals for First District, in an appeal from Victoria County. This was a contest over the right to administer upon the estate of Thomas Chapman, deceased, between two women, each claiming to be his widow. Johanna seems to have established, a common law marriage—evidenced by cohabitation and repute. They separated, and several years thereafter Emma was married to him under the forms of law. The decision of the Probate Court of Victoria County was in favor of the second marriage. On appeal to the District Court, Johanna, the common law wife, was…
1Opinion of the Court
GAINES, Chief Justice.
—In refusing the application in this case, we desire to say, that we do so because we fully concur with the Court of Civil Appeals in holding, that the decision of the case does not involve the adjudication of the rights of the applicant to an undivided half of the property acquired by the intestate since their putative marriage. This being a contest as to a right to administer upon the estate, that question could not properly be brought into the case either in the County Court or in the District Court, to which an appeal was taken.
Delivered November 14, 1895.
We think…
2Cited by42 opinions
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- Mitchell v. PorterCourt of Appeals of Texas · 1917
- Banker v. Jefferson County Water Control & Improvement District No. OneCourt of Appeals of Texas · 1955
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