Barnes v. Hobson
Court of Appeals of Texas
Appeal from District Court, Lamar County; Newman Phillips, Judge. Suit by Ella Hobson and husband against Ida Barnes, administratrix of the estate of T. W. Barnes, deceased. From a judgment for plaintiffs in part, plaintiffs and defendant appeal.
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Appeal from District Court, Lamar County; Newman Phillips, Judge. Suit by Ella Hobson and husband against Ida Barnes, administratrix of the estate of T. W. Barnes, deceased. From a judgment for plaintiffs in part, plaintiffs and defendant appeal. This suit was by appellee Ella Hobson, joined by her husband, A. W. Hobson, the other appellee, against appellant, as the administratrix with the will annexed of the estate of her (appellant’s) deceased husband, T. W. Barnes (who died January 25, 1921), to establish certain claims of said Ella Hobson against said estate which appellant as…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). It conclusively appeared at the hearing in the trial court that Ella Hobson complied with the condition in the contract whereby T. W. Barnes agreed to will her a house and lot in Dallas worth $5,000 if she would not marry and be a good girl until she was 22 years of age, and that said T. W. Barnes failed to make any provision whatever for her in his last will. Therefore the judgment was not erroneous, so far as it established the claim for $5,000 asserted by Ella Hobson, unless the contract, because in restraint of marriage, was void within the rule of law…
2Cases cited11 opinions
- Hooks v. BridgewaterTexas Supreme Court · 1921
- Little v. BirdwellTexas Supreme Court · 1858
- Hogan v. . CurtinNew York Court of Appeals · 1882
- Dyess v. RoweCourt of Appeals of Texas · 1915
- Phillips v. FergusonSupreme Court of Virginia · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gleason v. MannMassachusetts Supreme Judicial Court · 1942
- Scott v. WalkerTexas Supreme Court · 1943
- Texas Pacific Coal & Oil Co. v. SmithCourt of Appeals of Texas · 1939
- Cowan v. CowanSupreme Court of Iowa · 1956
- Scott v. WalkerTexas Commission of Appeals · 1943
3 more not listed; retrieve them via the Exa API.