Houze v. Houze
Texas Supreme Court
Appeal from Rusk. Tried before the Hon. W. W. Morris. Suit by appellant against appellee for property bequeathed, to her by defendant’s intestate, and ordered to be delivered to her by the County Court of Rusk County. The deceased had died in Georgia, where the will was probated.
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Appeal from Rusk. Tried before the Hon. W. W. Morris. Suit by appellant against appellee for property bequeathed, to her by defendant’s intestate, and ordered to be delivered to her by the County Court of Rusk County. The deceased had died in Georgia, where the will was probated. The plaintiff offered in evidence a copy of the will, certified by the Clerk of the Court of Ordinary of the county of Heard, in the State of Georgia, to contain a true copy of the last will and testament and probate thereof, of James Houze, deceased, late of the State of Texas, as the same was admitted to probate…
1Opinion of the CourtWheeler, J.
The authentication of the copy of the will and the probate thereof was in exact conformity to the statute. (Hart. Dig Art. 1114.) In our opinion it was not necessary, in order to admit it to record here and give it the effect contemplated by the statute, to prove by evidence aliunde, that it had been probated according to the laws of Georgia. It was sufficient that it appeared by the certificate of the Clerk, that it had been admitted to probate and record. The presumption must be that it had been so admitted in accordance with law.
The authentication was also in accordance with the Act of…
2Cited by8 opinions
- Hardin v. BlackshearTexas Supreme Court · 1883
- Mills v. HerndonTexas Supreme Court · 1883
- Slayton v. SingletonTexas Supreme Court · 1888
- Williams & Guyon v. DavisTexas Supreme Court · 1882
- Clark v. Dyer Fruit Box Mfg. Co.Court of Appeals of Texas · 1926
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