Perez v. Perez
Texas Supreme Court
Error from. Bexar. ■ Tried below before the Hon. G. II. Hoonan. Suit was begun in the county court of Bexar county, Texas, sitting in probate, upon the petition of Juan Perez, defendant in error, against Antonio Perez, Maria de Jesusa Perez de la Zerda, Concepcion Perez, minor, whose guardian was Jose Maria Perez, Francisca Perez, wife of.
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Error from. Bexar. ■ Tried below before the Hon. G. II. Hoonan. Suit was begun in the county court of Bexar county, Texas, sitting in probate, upon the petition of Juan Perez, defendant in error, against Antonio Perez, Maria de Jesusa Perez de la Zerda, Concepcion Perez, minor, whose guardian was Jose Maria Perez, Francisca Perez, wife of. Julio Garza, and Guadalupe Aguilar, minor, whose guardian was Hemecio de la Zerda, as heirs at law of one Antonia Perez, who died on the 8th day of August, 1868, for the probate of a nuncupative will alleged to have been made by Antonia Perez just prior to…
1Opinion of the Court
Willie, Chief Justice. —
The act of 20th March, 1848, provides that no nuncupative will shall be proved until those who would have been entitled by inheritance, had there been no will, have been cited to contest the same if they please. Pasch. Dig., art. 1264. The same provision is found in the “act concerning wills” of January 28, 1840, except that the word “summon” is used in place of the-word “cite.” Id., 5311. Both of these sections were in force at the time this proceeding was commenced and tried before the county' and district courts, and must govern so far as service of process in the…
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