Byrnes v. Curtin
Court of Appeals of Texas
Appeal from District Court, Harris County; Henry J. Dannenbaum, Judge. Application by H. M. Curtin for the probate ■of the will of T. E. Byrnes, opposed by Dennis Byrnes and another. After appeal to the district court from a judgment refusing probate, the proponent H. M. Curtin filed an amended original petition,’ in which he renounced the appointment of executor and prayed that Mrs. Bertha A. Forest be allowed to make herself a party plaintiff and prosecute the case alone.
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Appeal from District Court, Harris County; Henry J. Dannenbaum, Judge. Application by H. M. Curtin for the probate ■of the will of T. E. Byrnes, opposed by Dennis Byrnes and another. After appeal to the district court from a judgment refusing probate, the proponent H. M. Curtin filed an amended original petition,’ in which he renounced the appointment of executor and prayed that Mrs. Bertha A. Forest be allowed to make herself a party plaintiff and prosecute the case alone. On the petition filed by Mrs. Forest the will was admitted to probate, and contestants appeal.
1Opinion of the CourtGreer, J.
This case began in the probate court of Harris county, by an application filed February 21, 1916, by I-I. M. Curtin, alleging, in substance, that T. E. Byrnes was a resident citizen of Harris county, Tex., and died in Houston on the 19th day of February, 1916, leaving a written will, which was offered with the application for probate; second, that he left an estate of the probable value of $50,000, situated in Harris county, Tex., and that the will appointed the applicant as executor, independent of the probate court, without bond, and that the applicant was not disqualified from accepting…
2Cited by8 opinions
- Leahy v. TimonTexas Supreme Court · 1919
- King v. King's Unknown HeirsTexas Commission of Appeals · 1931
- Thomason v. BurchCourt of Appeals of Texas · 1949
- Rutherford v. RobbinsCourt of Appeals of Texas · 1927
- Scott v. McKibbanCourt of Appeals of Texas · 1937
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