McElroy v. Phink, Administrator
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County. This was a proceeding instituted in the probate court by the plaintiffs in error, as heirs at law, contesting the probate of a will of Mariab F. McElroy, deceased, alleged to be lost. That court admitted the will to probate. Appealed to the District Court the same judgment on trial de novo was entered, and this was affirmed on appeal to the Court of Civil Appeals.
1Opinion of the Court
GAI2STES, Chief Justice.
This proceeding was instituted in the probate court of Grayson County by defendant in error to probate a will of Mariah F. McElroy, deceased, which was alleged to have been lost. The probate was contested by the plaintiffs in error as heirs at law of the deceased. That court admitted the will to probate. The case was appealed to the District Court, where upon a trial de novo the same judgment was entered. Upon appeal to the Court of Civil Appeals the judgment of the District Court was affirmed.
The will was not produced, but there was sufficient evidence introduced by…
2Cases cited6 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Johnson v. BrownTexas Supreme Court · 1879
- Tynan v. PaschalTexas Supreme Court · 1863
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- Redus v. BurnettTexas Supreme Court · 1883
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3Cited by66 opinions
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