Legal Opinion

Parker v. Parker

Texas Supreme Court

Decided July 1, 1853PublishedCited by 8 opinions

Appeal from Walker. This was a suit by the appellees, children of Jesse Parker, deceased, by a former marriage, against the appellants, the surviving wife and her children, to contest the validity of the will of the said Parker.

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Appeal from Walker. This was a suit by the appellees, children of Jesse Parker, deceased, by a former marriage, against the appellants, the surviving wife and her children, to contest the validity of the will of the said Parker. By (Ids will, all his estate remaining after the payment of his debts was bequeathed to ids wife, the appellant Elizabeth, daring her natural life, with power to use or sell the same, with certain exceptions, for the support and education of his children by his said wife, and after her death to he equally divided he,tween these children to the entire exclusion of his…

1Opinion of the Court

IIemiuiilu, Cxt. if-

The question as to the jurisdiction of the court was not contested by the appellants in the argument; and it will bo sufficient to say that there was no error iu overruling- tlie exception. The District Court", independent of its general and enlarged powers, has express authority to take cognizance of suits"instituted to contest the validity of wills. The only objection to 1 his authority is that it is found in the act to regulate the proceedings of the County Court in relation to tlie estates of deceased persons. (Art. 1112.) 'This would be a fatal objection (under the…

2Cases cited1 opinion

  1. Keene v. RelfSupreme Court of Louisiana · 1837

3Cited by8 opinions

  1. Sailer v. FurcheTexas Commission of Appeals · 1930
  2. Crosson v. DwyerCourt of Appeals of Texas · 1894
  3. Minor v. HallCourt of Appeals of Texas · 1920
  4. Kennedy's Estate v. RichardsonCourt of Appeals of Texas · 1931
  5. McCrea v. SpruillCourt of Appeals of Texas · 1923

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