Vickery v. Hobbs
Texas Supreme Court
Appeal from Wood. Tried below before Hon. W. W. Morris. Suit by appellee to set aside the will of Voctary Hobbs, Ms son. The petition alleged that Albert Vickery, one of the defendants, and a beneficiary under the will, was the writer of it.
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Appeal from Wood. Tried below before Hon. W. W. Morris. Suit by appellee to set aside the will of Voctary Hobbs, Ms son. The petition alleged that Albert Vickery, one of the defendants, and a beneficiary under the will, was the writer of it. That it was prepared while the said Voctary Hobbs was in bed sick, and was read to him as containing a clause that it should be void if he survived that spell of sickness, when in fact he had not so written it, although he had been directed so to do. That the said Voctary did not die during that spell of sickness, but recovered and lived eight or ten…
1Opinion of the CourtWheeler, J.
The authority of the Court to entertain this suit is maintained by the decision in the case of Parker v, Parker, (10 Tex. R. 83,) where the question was fully considered and determined in favor of the jurisdiction.
The ground on which the plaintiff, in his petition, seeks to revoke the probate and set aside the will is fraud practiced upon the testator by the defendant who wrote the will, in failing to embody in it as directed by the testator, the condition that it should be valid only in the event that the testator died during his then sickness,, but should he recover therefrom it should be…
2Cited by3 opinions
- Bagnall v. BagnallTexas Supreme Court · 1949
- Renn v. SamosTexas Supreme Court · 1871
- In re Bagnall's EstateCourt of Appeals of Texas · 1949