Moffett v. Moffett

Willie, Chief Justice.

In September, 1885, W. R. Moffett, during his last illness, made a nuncupative will in due form of law, giving to his wife and two sons a lot in the town of Waxahachie. He attempted in this will to dispose of no other property. When the will was offered for probate it was contested by the appellees on the ground that real estate could not be devised by a nuncupative will. The county judge sustained this view, and refused to admit the will to probate. Upon appeal to the district court this judgment was affirmed, and from that court the case comes here upon appeal.

Both…