Tynan v. Paschal
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J, Devine. This cause originated in an application to the County Court by Paschal, the appellee, as next friend of Sarah and James Biddle, minors, for the' probate of the last will and testament of John Biddle, deceased, which will was alleged to be lost or destroyed. The appellant, B. K. Tynan, as administrator of the estate of John Biddle, was cited to show cause why the will should not he probated.
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Appeal from Bexar. Tried below before the Hon. Thomas J, Devine. This cause originated in an application to the County Court by Paschal, the appellee, as next friend of Sarah and James Biddle, minors, for the' probate of the last will and testament of John Biddle, deceased, which will was alleged to be lost or destroyed. The appellant, B. K. Tynan, as administrator of the estate of John Biddle, was cited to show cause why the will should not he probated. The unknown and non-resident heirs of the deceased were cited by publication. At the September Term, 1859, of the County Court, Anna B.…
1Opinion of the CourtMoore, J.
This is a suit to probate and establish a lost will, by parol testimony of its execution and contents. That a will lost .or destroyed previous to the testator's death, if not revoked, may *296be thus proved, although not in direct terms authorized by the-statute, is beyond dispute. In such cases, however, it is incumbent upon those who seek to establish the will, to prove its due-execution; and, also, to rebut the presumption of cancellation, which arises from the fact that it can not be found at the testator’s-death. The constituent facts necessary to the due execution of a will are specifically…
2Cited by50 opinions
- Scott v. TownsendTexas Supreme Court · 1914
- Scott v. TownsendTexas Supreme Court · 1914
- McElroy v. Phink, AdministratorTexas Supreme Court · 1903
- Johnson v. BrownTexas Supreme Court · 1879
- Sheehan v. KearneyMississippi Supreme Court · 1903
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