Weir v. Smith
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker. Albert Weir and Louisa Burleson, joined by her husband David C. Burleson, brought suit against Peter Weir, Eliza McLaren Weir, Monterey Y. Weir, Felix E. Smith and Fred Carleton, as executors of the last will of Martha J. Weir, deceased, and Joseph, Sarah J., Martha J., Stephen M., Louisa and Elizabeth S. Burleson, and Cornelia A. Cole, wife of J. D. Cole (who was also joined as defendant), for the purpose of…
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Appeal from Travis. Tried below before the Hon. A. S. Walker. Albert Weir and Louisa Burleson, joined by her husband David C. Burleson, brought suit against Peter Weir, Eliza McLaren Weir, Monterey Y. Weir, Felix E. Smith and Fred Carleton, as executors of the last will of Martha J. Weir, deceased, and Joseph, Sarah J., Martha J., Stephen M., Louisa and Elizabeth S. Burleson, and Cornelia A. Cole, wife of J. D. Cole (who was also joined as defendant), for the purpose of declaring null and void the last will and testament of Martha J. Weir, deceased, as a muniment of title to the certain lands…
1Opinion of the Court
Stayton, Associate Justice.
The rights of the parties plaintiff and defendant depend on the true construction to be placed on the will of Adolphus G. Weir, and upon the will of his wife, Martha J. Weir, subsequently executed.
*8The wife, Martha J. Weir, and Benjamin Weir, a son, were, by the will of Adolphus G. Weir, appointed the executors of his will, without the control of the probate court, and they so qualified.
The parts of his will which bear on the questions at issue between the parties are the following:
“Second. I will and bequeath unto my beloved wife, Martha Jane Weir, all my property,…
2Cases cited2 opinions
- Funk v. EgglestonIllinois Supreme Court · 1879
- Dunning v. VandusenIndiana Supreme Court · 1874
3Cited by17 opinions
- Edds v. Mitchell, Admr.Texas Supreme Court · 1945
- Republic National Bank of Dallas v. FredericksTexas Supreme Court · 1955
- Frame v. WhitakerTexas Supreme Court · 1931
- Long v. LongCourt of Appeals of Texas · 1952
- Calvert v. ThompsonCourt of Appeals of Texas · 1960
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