Watts v. Holland
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. Suit brought by the appellee to establish the alleged nuncupative will of Hiram P. Ferrill, deceased, which purported to devise to Presilla Ferrill a certain designated lot in the city of Austin, and providing that John M. Holland, as executor of his said will, should take possession of the remainder of 'his property, and with it pay his debts.
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Appeal from Travis. Tried below before the Hon. J. P. Richardson. Suit brought by the appellee to establish the alleged nuncupative will of Hiram P. Ferrill, deceased, which purported to devise to Presilla Ferrill a certain designated lot in the city of Austin, and providing that John M. Holland, as executor of his said will, should take possession of the remainder of 'his property, and with it pay his debts. On the trial of the cause the plaintiff Holland testified as one of the three and only witnesses who were examined or offered to establish the facts relating to the making of the alleged…
1Opinion of the Court
Walker, J. Com. App.—
Real estate cannot be devised by nuncupative will. Lewis v. Aylott, 45 Tex., 190. The judgment of the court, therefore, predicated upon the finding of the jury, in so far as it gave effect to the bequest made to Presilla Ferrill of the lot in the city of Austin, was erroneous. The judgment is otherwise objectionable and erroneous in respect to its adjudication of the title of the lot to Presilla Ferrill. The proceeding was under the statute to probate the will; and it was beyond its scope thus to determine the right of the devisee to immediate ownership, possession and…
2Cases cited11 opinions
- Lewis v. Heirs of AylottTexas Supreme Court · 1876
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
- Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822
- Mays v. MooreTexas Supreme Court · 1854
- Hipp v. BissellTexas Supreme Court · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gulf, C. & S. F. Ry. Co. v. HarveyTexas Commission of Appeals · 1925
- Casstevens v. Texas & Pacific Railway Co.Texas Supreme Court · 1930
- Hines v. ParryTexas Commission of Appeals · 1922
- Loose v. StateWisconsin Supreme Court · 1903
- Blatz Brewing Co. v. CollinsCalifornia Court of Appeal · 1945
13 more not listed; retrieve them via the Exa API.