Heard v. Northington
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. E. B. Turner. This suit was instituted on the 25th of September, 1876, by the widow and sole surviving constituent of the family of the decedent, W. J. E. Heard, against the appellees, executors of said decedent, to recover the value of certain pension bonds, eight in number, each for $100, and one for $70, issued to decedent under the act of April 21,1874, and which were in the possession of plaintiff at the death of…
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Appeal from Washington. Tried below before the Hon. E. B. Turner. This suit was instituted on the 25th of September, 1876, by the widow and sole surviving constituent of the family of the decedent, W. J. E. Heard, against the appellees, executors of said decedent, to recover the value of certain pension bonds, eight in number, each for $100, and one for $70, issued to decedent under the act of April 21,1874, and which were in the possession of plaintiff at the death of decedent on the 8ch of August, 1874, and afterwards, on or about the 7th of October, 1874, came into the possession of…
1Opinion of the Court
Roberts, Chief Justice.
—We areof opinion that the statute of 1870, declaring that “ the property reserved from forced sale by the Constitution and laws of this State, or its value if there be no such property, does not form any part of the estate of a deceased person where a constituent of the family survives,” (Paschal’s Big., art. 5487,) does not 'apply to a pension warrant issued to a veteran soldier during his lifetime under the law of 1874, (see Gen. Laws of 1874,14th Leg., p. 114,) because the latter law is a special provision for a particular class of persons; and the exemption therein…
2Cases cited1 opinion
- Hubbard v. HorneTexas Supreme Court · 1859