Wilson v. Helms
Texas Supreme Court
Appeal from. Collin. Tried below before the Hon. Joseph Bledsoe. Suit in trespass to try title and for partition, brought by appellees for the community interest of the mother of Mary C. Helms, Elizabeth Eoberts and W. B. Wilson.
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Appeal from. Collin. Tried below before the Hon. Joseph Bledsoe. Suit in trespass to try title and for partition, brought by appellees for the community interest of the mother of Mary C. Helms, Elizabeth Eoberts and W. B. Wilson. The appellant admitting that the land was the community property of James and Martha Wilson, ancestors of appellees, set up title by purchase from James Wilson, surviving husband, and alleging that the community estate of James; and Martha Wilson was involved in debt at the date of the death of Martha Wdson, to parties and in sums unknown; that the land was sold to…
1Opinion of the Court
Stayton, Associate Justice.—
The fact that advancements may have been made to each of the children during the life of the *682mother, out of community property, would not confer upon the father any interest in the share df the community estate which vested in the children on the death of the mother.
In so far as he gave of his own estate in community property, the ■children cannot be called upon to compensate him therefor by surrendering to him that which they inherited from the mother upon her death; and in so far as property which may have been advanced was of the community estate of the mother,…
2Cases cited5 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Johnson v. HarrisonTexas Supreme Court · 1877
- Jones' Adm'r v. JonesTexas Supreme Court · 1855
- Watkins v. HallTexas Supreme Court · 1882
- Wenar v. StenzelTexas Supreme Court · 1878
3Cited by16 opinions
- Martin v. McAllisterTexas Supreme Court · 1901
- Ashe v. YungstTexas Supreme Court · 1886
- American Bonding Co. of Baltimore v. LoganTexas Supreme Court · 1914
- American Bonding Co. of Baltimore v. LoganTexas Supreme Court · 1914
- Broom v. PearsonCourt of Appeals of Texas · 1915
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