Heirs of Edwards v. Mounts
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. O. C. Potter. W. H. Mounts, administrator of the estate of J. B. Edwards, deceased, filed a report of the condition of the estate in the county court of Denton county, and on the same day appellants filed their exceptions thereto, setting out, among other things, that they were the heirs of J. B. Edwards, deceased, and also of Mrs. Frances Edwards, then deceased, who was the mother of J. B. Edwards; claiming that J. B. Edwards,…
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Appeal from Denton. Tried below before the Hon. O. C. Potter. W. H. Mounts, administrator of the estate of J. B. Edwards, deceased, filed a report of the condition of the estate in the county court of Denton county, and on the same day appellants filed their exceptions thereto, setting out, among other things, that they were the heirs of J. B. Edwards, deceased, and also of Mrs. Frances Edwards, then deceased, who was the mother of J. B. Edwards; claiming that J. B. Edwards, in his life-time, gave the policy of insurance on his life to his mother, Frances Edwards, and that the §5,000 reported…
1Opinion of the Court
West, Associate Justice.-
— Under previous decisions of this court, in cases practically involving the same matter as is here presented, as to the jurisdiction of the probate court to try the issue raised between the parties concerning the ownership of the policy of insurance in question, it must be held that the probate court had no such *400power. Timmons v. Bonner, 58 Tex., 555-562. See, also, Texas cases there cited and discussed; Homer’s Appeal, 35 Conn., 114; Finch v. Finch, 14 Ga., 369, 370; Tappenden v. Walsh, 1 Eng. Ecc. Rep., top p. 100.
For this reason the judgment of the district court…
2Cases cited1 opinion
- Finch v. FinchSupreme Court of Georgia · 1853
3Cited by17 opinions
- Brown v. FlemingTexas Commission of Appeals · 1919
- Gardner v. GillihanOregon Supreme Court · 1891
- Slavin v. GreeverCourt of Appeals of Texas · 1919
- Hilley v. HilleyCourt of Appeals of Texas · 1957
- Fidelity & Deposit Co. of Maryland v. Texas Land & Mortgage Co.Court of Appeals of Texas · 1905
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