Cooper v. Horner
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. W. E. Collard. Mrs. Isabella Cooper, for herself and as next friend of Janie Cooper, brought suit with Meredith James, against Jno.
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Appeal from Brazos. Tried below before the Hon. W. E. Collard. Mrs. Isabella Cooper, for herself and as next friend of Janie Cooper, brought suit with Meredith James, against Jno. G. Horner and Joseph lock, in trespass to try title, and for partition, for seventeen twenty-fourths of lot Ho. 3, block Ho. 159, in Bryan, Texas, in 1883. Plaintiffs set up that they were the heirs and legatees of Eliza J. Cooper, who died in 1875, and left a will bequeathing the lot in controversy to plaintiffs and their sister, Mrs. E. 0. Marshall, and that Mrs. Marshall had conveyed her interest, seven…
1Opinion of the Court
Walker, P. J. Com. App.
The will in question contained, among others, the following provisions, viz.:
“ First. It is my will and I do order that all of my just debts and funeral expenses be duly paid as soon as conveniently can be done after ray decease.
“ Second. I give and bequeath all of my personal estate of what nature or kind soever to George W. Durant, Edward O. Marshal and Jos. D. Cooper, the executors of this my last will and testament, hereinafter nominated and appointed, in trust for the payment of my just debts, and the legacies hereinafter specified, with power to sell and dispose…
2Cases cited5 opinions
- Sanger Bros. v. Heirs of MoodyTexas Supreme Court · 1883
- Jordan v. BrophyTexas Supreme Court · 1874
- Williams v. WarnellTexas Supreme Court · 1866
- Frosh v. SwettTexas Supreme Court · 1847
- Willis v. FergusonTexas Supreme Court · 1877
3Cited by22 opinions
- Terrell v. McCownTexas Supreme Court · 1897
- Bradford v. MoseleyTexas Commission of Appeals · 1920
- Donnan v. AdamsCourt of Appeals of Texas · 1902
- Hughes v. MulanaxTexas Supreme Court · 1913
- Patten v. CoxCourt of Appeals of Texas · 1894
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