Legal Opinion

Hamilton v. Flinn

Texas Supreme Court

Decided July 1, 1858PublishedCited by 9 opinions

Appeal from Smith. Tried below before Hon. R. A. 'Reeves. The facts of this case present the single question, whether a will is governed by a Statute in force at its date, or by one. in force at the death of the testator.

1Opinion of the Court

Hemphill, Oh. J.

Isabella Flinn departed this life in 1857 having by will (dated in 1855) bequeathed her estate to some of her children, pretermitting with but a small legacy her daughter Rosabella, the wife of R. W. Hamilton. In the interval between the date of her will and her death, the Legislature, by Act of July 24th, 1856, declared that all persons were thereby authorized and permitted to dispose of their own estate, real and personal, by will or otherwise, and that the 13th and 15th Sections of the Act of January 28th, 1840, entitled “ An Act concerning Wills,” and the provisions of all…

2Cases cited4 opinions

  1. Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
  2. De Peyster v. ClendiningNew York Court of Chancery · 1840
  3. Mullock v. SouderSupreme Court of Pennsylvania · 1843
  4. State v. FearsonCourt of Appeals of Maryland · 1852

3Cited by9 opinions

  1. American Surety Co. of New York v. Axtell Co.Texas Supreme Court · 1931
  2. David v. TimonCourt of Appeals of Texas · 1916
  3. Urban v. FossatiCourt of Appeals of Texas · 1954
  4. Willis v. SnodgrassCourt of Appeals of Texas · 1957
  5. Hughes v. TitteringtonCourt of Appeals of Texas · 1914

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